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Showing 124 of 371 articles for termination

Just Cause vs. Authorized Cause: The Two Legal Ways to Terminate an Employee

Understand the difference between just cause and authorized cause for employee termination in the Philippines under the Labor Code.

Retrenchment vs. Redundancy in the Philippines: Authorized-Cause Terminations Explained

Retrenchment vs redundancy in the Philippines: both are authorized causes for termination, but they differ in reason, procedure, and requirements.

Bangsamoro Organic Law Upheld: Supreme Court Affirms Autonomy and Self-Determination

The Supreme Court affirms the constitutionality of the Bangsamoro Organic Law, upholding the right to self-determination and the establishment of the BARMM.

Proving Unilateral Termination in Distribution Agreements: San Miguel Foods v. Fabie

The Supreme Court clarifies what evidence is needed to prove unilateral termination of a distribution agreement and recover damages.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

Employee Misconduct and Termination: Understanding Just Cause in the Philippines

When does employee misconduct justify termination in the Philippines? The Supreme Court clarifies the rules on serious misconduct and just cause.

When Dismissal Fails Due Process: The Lapanday Foods Ruling on Valid Termination

Explore the Supreme Court's Lapanday Foods ruling on illegal dismissal, the twin notice rule, and what employers must prove to validly terminate employees.

Loss of Trust in Banking Employment: The Prudent Man Standard for Termination

Philippine Supreme Court clarifies the standard for terminating bank employees for loss of trust, balancing employer diligence with employee rights.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Navigating Probable Cause When Inconsistent Testimony Impacts Rape Allegations

The Supreme Court clarifies how inconsistent testimony affects probable cause determinations in rape complaints, balancing complainant credibility with constitutional rights.

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.

Ombudsmans Discretion When CAN Courts Intervene IN Probable Cause Determinations

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.

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.

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.

The Shared Burden: Defining Well-Founded Fear in Philippine Refugee Status Determinations

Philippine Supreme Court clarifies the shared burden of proof and "well-founded fear" standard in refugee status determination under the 1951 Convention.

Unfair Dismissal: Protecting Employees From Arbitrary Termination and Belated Evidence

The Supreme Court clarifies the rules on belated evidence in labor cases and reaffirms protections against illegal dismissal under Philippine law.

Loss of Trust and Confidence: When Can an Employer Terminate a Managerial Employee in the Philippines

The Supreme Court explains the rules on dismissing managerial employees for loss of trust and confidence, and when belated reporting justifies termination.

Constructive Dismissal vs. Just Cause Termination: Key Supreme Court Ruling

The Supreme Court clarifies that constructive dismissal and just cause termination are incompatible, reinforcing due process and security of tenure.

Seafarers Rights Work Related Illness AND THE Burden OF Proof IN Disability Claims

SC ruling on OFW illness, repatriation, and employer burden of proof in disability and termination cases.

Redundancy in Philippine Employment: When a Valid Termination Becomes Illegal Dismissal

Learn when redundancy is valid in Philippine labor law, and how the Supreme Court protects employees from illegal dismissal disguised as redundancy.

Loss of Confidence in Employment Termination: What Jalit v. Cargo Safeway Teaches Us

When can an employer validly dismiss a managerial employee for loss of confidence? The Supreme Court clarifies the rules in Jalit v. Cargo Safeway.

Serious Misconduct and Due Process in Employment Termination: Key Lessons from a 2021 Supreme Court Ruling

The Supreme Court clarifies the standards for serious misconduct and procedural due process in dismissing employees, using a university professor's case.

Understanding Probable Cause: Judicial vs Executive Determinations in Customs Violations

The Supreme Court clarifies the difference between executive and judicial probable cause in customs cases, and when courts may overturn prosecutors' findings.