ESSAY QUESTIONS I.

Jose and Erica, former sweethearts, both worked as salesrepresentatives for Magna, a multinational finn engaged in the manufactureand sale of pharmaceutical products. Although the couple had alreadybroken off their relationship, Jose continued to have special feelings forErica.One afternoon, Jose chanced upon Erica riding in the car of Paolo, aco-employee and Erica's ardent suitor; the two were on their way back to theoffice from a sales call on Silver Drug, a major drug retailer. In a fit of extreme jealousy, Jose rammed Paolo's car, causing severe injuries to Paoloand Erica. Jose's flare up also caused heavy damage to the two company owned cars they were driving.(A) As lawyer for Magna, advise thecompanyonwhether just and valid grounds exist to dismiss Jose.

(4%) (B) Assuming this time that Magna dismissed Jose fromemployment for cause and you are the lawyer of Jose, how would you argue the position that Jose's dismissal was illegal? (4%) II. Gamma Company pays its regular employees P350.00 a day, andhouses them in a dormitory inside its factory compound in Manila. GammaCompany also provides them with three full meals a day.In the course of a routine inspection, a Department of Labor andEmployment (DOLE) Inspector noted that the workers' pay is below theprescribed minimum wage of

P426.00 plus P30.00 allowance, and thusrequired Gamma Company to pay wage differentials.Gamma Company denies any liability, explaining that after the marketvalue of the company-provided board and lodging are added to theemployees' P350 cash daily wage, the employees' effective daily rate wouldbe way above the minimum pay required by law. The company counselfurther points out that the employees are aware that their food and lodgingform part of their salary, and have long accepted the arrangement. Isthe company's position legally correct?(8%)

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