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Showing 1561–1584 of 2,074 articles for “dismissal”

Employee Transfers Management Rights VS Constructive Dismissal Claims

When is a transfer a valid management prerogative and not constructive dismissal? The Supreme Court explains in Mendoza v. Rural Bank of Lucban.

Transfer of Employees Is a Valid Managerial Prerogative Unless Done in Bad Faith

The Supreme Court explains when an employee transfer amounts to constructive dismissal and when it is a valid exercise of management prerogative.

Breach of Trust Dismissal for Malversation of Public Funds by a Court Clerk

Court clerk dismissed for misappropriating judiciary funds; silence deemed admission; dishonesty and malversation warrant dismissal.

When a "Duplicate Original" Becomes a Technicality: Velasco v. Court of Appeals

The Supreme Court clarifies when a "duplicate original" copy satisfies appeal requirements, and when dismissal for technicality becomes grave abuse of discretion.

Constructive Dismissal When Job Changes Lead to Illegal Termination

Learn how a demotion in rank and pay cut can amount to constructive dismissal, even when an employer claims abandonment.

Breach of Trust: When Negligence Justifies Employee Dismissal in the Philippines

When does an employee's negligence justify dismissal for loss of trust and confidence? The Supreme Court explains in this Philippine labor case.

Constructive Dismissal: Demotion and Salary Reduction as Grounds for Illegal Termination

Philippine Supreme Court ruling on constructive dismissal through demotion and salary reduction, explained in plain language for employees and employers.

Forum Shopping in Corporate Disputes: When Parallel Cases Get Dismissed

The Supreme Court explains when filing parallel cases on the same corporate dispute constitutes forum shopping, leading to dismissal.

Forum Shopping Dismissal: Redundant Suits and Lis Pendens Cancellation

When can a second case be dismissed as forum shopping? The Supreme Court explains in SK Realty v. Johnny KH Uy.

Dismissal Upheld: Grave Misconduct Outweighs Length of Service in Philippine Civil Service

Supreme Court rules length of service and first offense cannot save a civil servant from dismissal for grave misconduct like selling recycled exam stamps.

Voluntary Resignation vs Constructive Dismissal: Protecting Employee Rights

Understand the difference between voluntary resignation and constructive dismissal, and how Philippine labor law protects employees from illegal termination.

Dismissal for Grave Misconduct: Court Clerk's Unauthorized Handling of Court Documents

Court personnel must uphold integrity. A clerk's unauthorized removal of court records and possession of pre-signed bail bonds led to dismissal for grave misconduct.

The Imperative of Presence Dismissal for Absent Parties in Philippine Pre-Trial Proceedings

Learn how Philippine courts handle absent parties in pre-trial and when dismissal is proper under the Rules of Court.

Ombudsman's Discretion in Criminal Cases: Limits on Judicial Review

The Supreme Court in Perez v. Ombudsman explains why courts rarely overturn the Ombudsman's dismissal of criminal complaints, and where to file a challenge.

Grave Misconduct in the Judiciary: When a Clerk's Acts Betray Public Trust

A court clerk's unexplained possession of pre-signed bail bonds and removal of court records leads to dismissal for grave misconduct.

Desistance Does Not Automatically Dismiss a Disbarment Case Against a Lawyer

A complainant's change of heart does not automatically end a disbarment case. The Supreme Court explains when dismissal is still proper.

Illegal Dismissal and Employer-Employee Relationship in Philippine Labor Law

Learn how the Supreme Court protects employee rights in illegal dismissal cases, including the employer-employee relationship test and due process requirements.

Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases

Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.

Timeliness of Labor Claims: Understanding Prescription Periods for Employees' Rights

Learn how prescription periods apply to money claims and illegal dismissal cases under Philippine labor law, explained through the Texon Manufacturing case.

Flight From Justice: How Fugitive Status Can Bar Appeal Rights in the Philippines

Philippine Supreme Court ruling explains how a fugitive's escape from custody can lead to dismissal of their appeal and loss of legal remedies.

Leave Benefits for Dismissed Employees: Balancing Justice and Accountability in Philippine Law

Philippine Supreme Court clarifies prescriptive periods for money claims and illegal dismissal cases in Texon Manufacturing vs. Millena.

Leave Credits Survive Dismissal: The Paredes v. Padua Ruling

The Supreme Court clarifies that dismissed government employees keep earned leave credits, even when retirement benefits are forfeited.

The Two-Notice Rule: Safeguarding Employee Rights Against Illegal Dismissal in the Philippines

Philippine law requires two written notices before dismissal. A 2004 Supreme Court ruling explains why failing to comply makes termination illegal.

Estafa Through Misappropriation: When an Employee's Failure to Account Amounts to Breach of Trust

The Supreme Court clarifies when an employee's failure to account for company funds and property constitutes estafa through misappropriation, reversing dismissals by prosecutors.