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Showing 889–912 of 2,074 articles for “dismissal”

Judicial Overreach: Defining the Boundaries of Contempt Power

The Supreme Court clarifies that dismissal for forum shopping requires identity of parties, causes, and reliefs—not mere procedural missteps.

Resignation vs Constructive Dismissal: What Philippine Employees Must Prove

Philippine Supreme Court clarifies when preventive suspension and resignation amount to constructive dismissal, and what employees must prove.

Constructive Dismissal and the Burden of Proof in Illegal Termination Cases

Understand the burden of proof in illegal termination cases, including constructive dismissal, and what employees and employers must establish.

Defiance OF Return TO Work Order Just Cause FOR Dismissal OF Union Officers

Resignation vs Constructive Dismissal: When a Written Resignation Is Not Voluntary

When is a resignation letter not a true resignation? The Supreme Court explains constructive dismissal and employer liability.

Drug Use and Dismissal: Upholding Judicial Integrity in the Philippine Judiciary

Philippine Supreme Court dismisses court clerk for drug use and defiance of court orders, affirming strict standards for judiciary employees.

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.

Loss of Trust: When Separation Pay Is Not an Option

Philippine Supreme Court clarifies when dismissed employees forfeit separation pay, even if dismissal is for loss of trust and confidence.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Illegal Dismissal and Optional Retirement: When a Demotion Does Not End Employment

Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and the rights of managerial employees in the Philippines.

Public Trust Dismissal for Grave Misconduct in Extortion Case

Supreme Court reinstates dismissal of BIR examiner for grave misconduct in extortion, clarifying substantial evidence standard in administrative cases.

Management Prerogative vs. Illegal Dismissal: Redundancy and Employee Rights

When does a redundancy program become illegal dismissal? The Supreme Court clarifies the balance between business needs and employee security of tenure.

Death and Dismissal: Examining Survival of Civil Liability in Criminal Cases After Accused's Demise

When an accused dies before final judgment, criminal liability is extinguished. But civil liability may survive—under certain conditions.

Breach of Trust Employee Dismissal Upheld for Unauthorized Sale of Company Assets

Supreme Court rules on when unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

When Supervisors Lose Trust: Dismissal for Misconduct Under Article 282

Philippine Supreme Court clarifies when a supervisor's unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

Establishing Illegal Dismissal: The Employee's Burden to Prove Dismissal First

Employees must first prove they were dismissed before employers must justify termination. A Supreme Court ruling explains the evidence required.

Proving Illegal Dismissal: The Employee's Burden to Establish Termination

Employees must first prove they were dismissed before employers must justify termination. Learn the rules from a Supreme Court ruling.

Abandonment Defense in Illegal Dismissal Cases Requires Proof and Notice

Employers claiming abandonment as a defense to illegal dismissal must prove it with clear evidence and serve two required notices.

Probationary Employment vs Fixed-Term Contracts: What Schools Must Prove to Avoid Illegal Dismissal Claims

Philippine Supreme Court clarifies how probationary employment rules apply to teachers on fixed-term contracts, and what employers must prove.

Workplace Misconduct: Defining the Boundaries of Just Cause for Dismissal in the Philippines

When does a fistfight outside work justify dismissal? The Supreme Court clarifies the limits of just cause under Philippine labor law.

Grave Misconduct Dismissal for Tampering With Court Records

Clerk of court dismissed for grave misconduct after altered exhibits and a missing transcript compromised the integrity of court records.

Upholding Court Integrity: Dismissal for Grave Misconduct in Record Tampering

A clerk of court who overcharged filing fees and issued fake receipts faces dismissal, forfeiture of benefits, and criminal prosecution.

Authority to Sue Corporations Must Prove Representation in Court

Philippine Supreme Court clarifies that corporate plaintiffs must prove their representative's authority to sue, or risk dismissal of their case.

Backwages and Separation Pay: Reconciling Employee Rights in Illegal Dismissal Cases

The Supreme Court clarifies that illegally dismissed employees can receive both backwages and separation pay when reinstatement is no longer feasible.