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Showing 1–24 of 30 articles for “employer prerogative”

Upholding Employer Prerogative: Dismissal for Breach of Trust and Company Policy Violations

Supreme Court affirms dismissal of supervisor who used company equipment for private repairs, upholding management prerogative and loss of trust.

Reinstatement Without Backwages: Balancing Employee Rights and Employer Prerogatives in Labor Disputes

The Supreme Court clarifies when a business closure is valid, when procedural lapses only merit nominal damages, and when corporate veils may be pierced.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

Judicial Review in Illegal Dismissal: Balancing Labor Rights and Employer Prerogatives

The Supreme Court clarifies the CA's power to review NLRC factual findings in illegal dismissal cases, emphasizing substantial evidence over technicalities.

Security of Tenure vs Employer Prerogative: Lessons from Philippine Spring Water v. Mahilum

A look at how the Supreme Court balanced security of tenure against employer prerogative in a dismissal dispute involving a probationary executive.

Voluntary Resignation vs Constructive Dismissal: Balancing Employee Rights and Employer Prerogatives

The Supreme Court clarifies when a resignation is truly voluntary and when employer prerogative justifies dismissal under Philippine labor law.

Illegal Dismissal: Security of Tenure vs. Employer Prerogative in the Philippines

A Supreme Court ruling on fixed-term contracts, security of tenure, and the limits of employer prerogative in termination cases.

Medical Certificate Requirements and Illegal Dismissal: Balancing Employer Prerogative and Employee Rights

When can an employer require a medical certificate without risking illegal dismissal? The Supreme Court clarifies the limits of management prerogative.

Retrenchment Validity: Balancing Employer Prerogative and Employee Security of Tenure

The Supreme Court clarifies the requisites for valid retrenchment and when quitclaims bar illegal dismissal claims in Pepsi-Cola v. Molon.

Retrenchment in the Philippines: Balancing Employer Prerogative and Employee Rights

A Supreme Court ruling clarifies when retrenchment is valid, how waivers and quitclaims are tested, and what happens when the required DOLE notice is late.

Constructive Dismissal: Balancing Management Prerogative and Employee Rights

Learn when a job transfer amounts to constructive dismissal under Philippine labor law and how courts balance employer prerogative with employee rights.

Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives

A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.

Business Closure Due to Fire: Employer Prerogative vs. Employee Rights

When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.

Breach of Trust, Managerial Negligence, and the Scope of Employer Prerogative in Dismissal

When can a bank dismiss a manager for loss of trust and confidence? The Supreme Court clarifies the rule on managerial negligence.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Optional Retirement vs Financial Assistance: Employee Rights and Employer Prerogatives in Philippine Labor Law

Philippine Supreme Court clarifies when optional retirement is an employer's prerogative and when financial assistance may still be granted as an equitable concession.

Probationary Employment and Employer Prerogative: When Clearance Requirements Justify Non-Regularization

Philippine Supreme Court ruling on probationary employment, employer prerogative, and reasonable pre-employment requirements for regularization.

Employer Prerogative vs Employee Rights: When a Transfer Becomes Illegal in Philippine Law

The Supreme Court clarifies when an employee transfer crosses the line from valid management prerogative to illegal demotion, using the PLDT v. Paguio case.

Closure of Business Units: Employer Prerogative vs Employee Protection in the Philippines

Philippine law balances an employer's right to close business units against workers' security of tenure, with rules on retrenchment and closure.

Trust Betrayed Balancing Employee Rights AND Employer Prerogatives IN Dismissal Cases

A columnist's dismissal raises the appeal bond rule in labor cases. The Supreme Court clarifies when strict compliance may be relaxed.

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Upholding Employer Prerogative: The Limits of an Employee's Right to Refuse Transfer

When can an employee refuse a transfer order? The Supreme Court clarifies the limits of management prerogative and employee rights.