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Showing 49–72 of 2,066 articles for “dismissal”

Upholding Integrity: Dismissal and Penalties for Grave Misconduct and Insubordination in the Judiciary

The Supreme Court penalizes a court utility worker for gross insubordination and grave misconduct, reinforcing integrity standards in the judiciary.

Beyond the Rules: Dismissal Misconduct and the Limits of Employer Discretion in the Philippines

Philippine jurisprudence clarifies when employee dismissal for misconduct is valid, and when employer discretion crosses the line into illegal termination.

Illegal Dismissal Claims Survive Employee's Death: Heirs May Substitute

Philippine Supreme Court clarifies that illegal dismissal complaints are imbued with public interest, allowing heirs to substitute deceased complainants.

Speedy Disposition of Cases: When Prosecution Delay Warrants Dismissal

The Supreme Court clarifies when inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Speedy Disposition of Cases: Inordinate Delay in Preliminary Investigation Warrants Dismissal

The Supreme Court clarifies that inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases, warranting dismissal.

Redundancy and Management Prerogative: Balancing Business Needs and Employee Rights in Terminations

The Supreme Court clarifies when redundancy is a valid ground for dismissal and what employers must prove to avoid illegal dismissal claims.

Proving Illegal Dismissal: Employee Must First Establish Fact of Dismissal

In illegal dismissal cases, the employee must first prove the fact of dismissal by substantial evidence before the employer bears the burden of justifying it.

Serious Misconduct and Illegal Dismissal: When a Petty Quarrel Isn't Grounds for Termination

The Supreme Court clarifies when a workplace fight constitutes serious misconduct justifying dismissal, and when it amounts to illegal termination.

Judicial Accountability and Compassionate Justice: Reassessing Penalties for Misconduct

The Supreme Court partially grants a judge's reconsideration, replacing dismissal with a fine, applying compassionate justice in administrative cases.

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Constructive Dismissal: Protecting Employees From Unjust Working Conditions

The Supreme Court explains constructive dismissal, abandonment, and when harsh working conditions amount to illegal termination under Philippine law.

Judicial Accountability: Dismissal-Level Penalties for Gross Ignorance of Law and Neglect of Duty

Supreme Court penalizes judge, clerk, and process server for procedural lapses in annulment and drug cases, affirming strict judicial accountability standards.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Constructive Dismissal: An Employer's Duty to Provide Specific Work Assignments

Floating status beyond six months constitutes constructive dismissal. A general return-to-work order is not enough—employers must assign a specific client.

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal of Graft Charges

The Supreme Court clarifies when Ombudsman delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Finality of Dismissal and Due Process in Sequestration Cases

When a sequestration case is dismissed with finality, the writ dissolves and property must be returned, upholding due process.

Speedy Disposition Right Prevails Over Six-Year Delay in Fertilizer Fund Scam Case

The Supreme Court ruled that a six-year delay in preliminary investigation violates the constitutional right to speedy disposition of cases, warranting dismissal.

Regular Employment Status and Illegal Dismissal: Employee Rights After Probation

Philippine Supreme Court clarifies when probationary employees become regular and the rights they gain against illegal dismissal.

Weighing Hearsay: The Burden of Proof in Employee Dismissal Cases

An employer must prove just cause for dismissal with substantial evidence, not mere hearsay or uncorroborated affidavits.

Theft of Company Property: Balancing Employee Rights and Employers' Disciplinary Prerogative

Supreme Court clarifies when theft of company property justifies dismissal, balancing employer discipline with proportional penalties for erring employees.

Private Complainants and the Right to Appeal: Harmonizing Jurisprudence in Criminal Cases

The Supreme Court clarifies when private complainants may question acquittals or dismissals in criminal cases, and when only the OSG may act.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Dismissed Electric Cooperative GM Can't Claim Retirement: NEA Jurisdiction Ruling

Supreme Court affirms NEA's exclusive jurisdiction over electric cooperative GM retirement claims, forfeiting benefits upon valid dismissal.