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Showing 1249–1272 of 2,074 articles for “dismissal”

Prolonged Suspension Equals Constructive Dismissal: Security Guard Rights Under Philippine Labor Law

When a security guard's preventive suspension lasts beyond 30 days without pay, it becomes constructive dismissal entitling the worker to reinstatement and backwages.

Fixed-Term Employment and Security of Tenure: When Contracts Expire Without Illegal Dismissal

The Supreme Court explains when fixed-term employment is valid and why expiration of a contract is not illegal dismissal.

Ejectment Case Jurisdiction in the Philippines: MTC vs RTC After Bejar v. Caluag

Filing an ejectment case in the wrong court risks dismissal. Learn how Bejar v. Caluag clarifies MTC vs RTC jurisdiction.

Misclassified Field Personnel: Overtime Pay and Illegal Dismissal in the Philippines

Supreme Court ruling on truck driver misclassified as field personnel, entitled to overtime pay, and illegally dismissed for complaining.

Rule 42 Dismissal: How Defective Verification and Annexes Can Kill an Appeal

A Supreme Court ruling on Rule 42 petitions shows how verification defects and missing certified copies can doom an appeal before the Court of Appeals.

Workplace Libel in the Philippines: When Accusations Against Superiors Lead to Dismissal

Philippine law on workplace libel: when accusations against superiors become criminal and grounds for dismissal. Learn the rules.

Why Filing Securities Complaints with the Right Agency Matters: Baviera v. Standard Chartered Bank

A Supreme Court ruling on why securities fraud complaints must start with the SEC, and when courts can question a prosecutor's dismissal.

Illegal Dismissal in the Philippines: Employee Rights Under the Boundary System

Philippine Supreme Court ruling on jeepney drivers under the boundary system, illegal dismissal, and employee rights to reinstatement and backwages.

Loss of Trust and Confidence: When an Employer's Dismissal Is Justified

The Supreme Court clarifies the legal standard for dismissing managerial employees based on loss of trust and confidence in Norsk Hydro v. Rosales.

Foreclosure vs Corporate Rehabilitation: Why Timing Is Key in Philippine Law

Philippine Supreme Court ruling on how prior foreclosure affects corporate rehabilitation petitions and the proper remedy for dismissal orders.

Loss of Trust and Confidence: When Philippine Employers Can Validly Dismiss Employees

In Norsk Hydro v. Rosales, the Supreme Court upheld dismissal for loss of trust and confidence — but only with substantial proof and proper notice and hearing.

Due Process in Employee Dismissal: Rights Apply Even in Just Cause Terminations

The Supreme Court clarifies that even employees dismissed for just cause, like strike-related violence, are entitled to procedural due process.

Walking the Tightrope: How Unjustified Absences Can Lead to Legal Dismissal in the Philippines

Understand when prolonged absences become abandonment of work and justify legal dismissal under Philippine labor law.

Illegal Dismissal: Employer's Burden of Proof and the Defense of Abandonment

Philippine Supreme Court clarifies that employers bear the burden of proof in illegal dismissal cases, and abandonment cannot be presumed from mere absence.

Substantial Evidence Needed for Loss of Trust and Confidence Dismissals in the Philippines

Philippine Supreme Court clarifies that loss of trust and confidence requires substantial evidence, not mere suspicion, to justify employee dismissal.

Voluntary Retirement vs Illegal Dismissal: When a Resignation Is Truly Voluntary

Philippine Supreme Court clarifies when a voluntary retirement is valid and not illegal dismissal, using Amkor Technology v. Juangco.

Protecting Judicial Integrity: Dismissal of Frivolous Disbarment Suits in the Philippines

Learn how Philippine courts handle frivolous disbarment suits and protect judicial integrity through procedural rules and ethical standards.

Double Jeopardy in Labor Disputes: Res Judicata and Illegal Dismissal in the Philippines

Learn how res judicata bars relitigation of illegal dismissal claims, using the Supreme Court's ruling in Williams v. Days Hotel.

Double Jeopardy in Philippine Courts: When a Case Dismissal Protects You from Retrial

Understand when a case dismissal bars retrial under Philippine double jeopardy rules, explained through the Supreme Court's ruling in Benares v. Lim.

Due Process in Employee Dismissal: Salazar v. Philippine Duplicators Explained

The Supreme Court clarifies procedural due process in Salazar v. Philippine Duplicators, Inc., a landmark case on employee termination in the Philippines.

Sheriff's Duties in Execution Sales: Lessons from PNB Madecor v. Cachero

A sheriff's misconduct in an execution sale leads to dismissal. Learn the rules on levies, bids, and redemption.

Reinstatement TO Former Position Ensuring Employee Rights After Illegal Dismissal

Dismissal FOR Habitual Absenteeism Upholding Public Service Integrity

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.