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Showing 505–528 of 2,066 articles for “dismissal”

Refusing a Promotion: When It Cannot Be Grounds for Illegal Dismissal

Philippine Supreme Court ruling on when refusing a promotion is a valid right, not insubordination, and its effect on illegal dismissal claims.

Illegal Dismissal Claims: When Voluntary Resignation and Quitclaims Prevail

Supreme Court ruling on when a resignation and quitclaim are voluntary, and what evidence employees must present to prove illegal dismissal.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers' Rights

The Supreme Court clarifies when an OFW's resignation is truly voluntary, and what evidence is needed to prove illegal dismissal.

Voluntary Resignation vs Illegal Dismissal: Employee Rights in Contractual Work

Learn when a fixed-term contract ends in illegal dismissal, and how retirement age affects employee rights under Philippine law.

Constructive Dismissal vs Abandonment: Security of Tenure in Philippine Labor Law

A Supreme Court ruling clarifies the line between constructive dismissal and abandonment, protecting security of tenure for security guards in the Philippines.

Probationary Employment: Standards for Regularization and Dismissal Explained

Learn the rules on probationary employment in the Philippines—what standards employers must set and when dismissal is valid.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights in the Philippines

Philippine Supreme Court clarifies abandonment vs illegal dismissal in labor-only contracting cases involving security guards and agency-hired workers.

Dishonesty as Just Cause for Dismissal: Lessons from the Smart Communications Case

When a department head approved fictitious marketing projects and fake agencies, the Supreme Court upheld dismissal for loss of trust and confidence.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Illegal Dismissal: Computing Separation Pay and Backwages Using Gross Monthly Pay

The Supreme Court clarifies how to compute separation pay and backwages for illegally dismissed employees, using gross monthly pay, inclusive of allowances and benefits.

No Illegal Dismissal, No Separation Pay: Reassessing Employee Entitlements in Philippine Labor Law

The Supreme Court clarifies when a security guard's floating status becomes constructive dismissal and how quitclaims affect employee claims.

Only the Solicitor General Can Appeal Criminal Case Dismissals

Private complainants cannot appeal the dismissal of criminal cases; only the OSG may do so on behalf of the State.

Illegal Dismissal Requires Both Just Cause and Due Process: Noblado v. Alfonso

The Supreme Court clarifies that dismissal without just cause and due process is illegal, entitling workers to backwages and separation pay.

Dismissal of Main Action Dissolves Ancillary Relief: Understanding Provisional Remedies in Philippine Law

When a main case is dismissed, what happens to the preliminary injunction it carried? The Supreme Court explains in United Alloy v. UCPB.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Upholding Ethical Standards: University's Right to Transfer Faculty for Breaches of Professional Ethics

When can a university transfer a professor for ethical lapses? The Supreme Court clarifies management prerogative versus constructive dismissal.

When a Transfer Is Not Constructive Dismissal: The Manalo Case

Learn when a faculty transfer is valid management prerogative and not constructive dismissal, from the Supreme Court's Manalo ruling.

Floating Status of Security Guards: When Return-to-Work Orders Defeat Claims of Constructive Dismissal

The Supreme Court clarifies when specific return-to-work orders prevent a finding of constructive dismissal for security guards on floating status.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.