Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
CASES:
Introduction:
Portillo v Lietz ( Oct. 10, 2012)- non-compete clause- claim for liquidated damages-
civil courts
Milan v NLRC Feb. 4, 2015 - employer may hold separation pay pending return of
property (ejectment from company premises)
-jurisdiction of claims by employer for damages
Malvar v Kraft Foods ( Sept. 9, 2013) - client compromised without lawyer's consent-
How to remedy?
Section 232
Montano v. Verceles
July 26, 2010 – concurrent jurisdiction of BLR and Reg. Director in inter and intra
union disputes?
Art. 252
Art. 253
BSP v. COA June 7, 2011
Is BSP government or private?
Art. 258
ILLEGAL OR NOT?
TERMINATION OF EMPLOYMENT
Security of tenure
STATUS of EMPLOYEES
ARLENE SAMONTE ET AL. V. LA SALLE GREENHILLS, G.R. No. 199683 Feb. 10,
2016
(School doctor and dentist )- fixed term
Mercado v NLRC Sept. 5, 1991
Teachers:
YOLANDA MERCADO V. AMA April 13, 2010- fixed term /contractual? teachers
Manaois v. St. Scholastica Dec. 11, 2013- part time status of teachers failing to get a
master's degree
Journalist:
Alilem Multi-Purpose Cooperative v. Bandiola ( Feb 25, 2013, G.R. No. 173489) -
Engaging in Illicit Sexual relations prohibited under a personnel policy is a ground
for termination even if does not connect to the performance of his duties. - co-
employee complains that married employee having relationship with co-employee's
sister.
Lagrosas v Squibb ( Sept. 12, 2008) - lovers' fight outside workplace - serious
misconduct?
Chua Qua v. Clave ( Aug. 30, 1990) -LANDMARK CASE on serious misconduct/
romantic relationship
Leus v. St. Scholastica Jan. 28, 2015 - pregnant teacher in catholic school - not
immoral or disgraceful conduct ( both free and consenting adults fro purely public
and secular view of morality).
a.) totality of circumstances surrounding the conduct; and
b.) Assessment of the circumstances with the prevailing norms of conduct i.e. what
society considers moral and respectable.
Christine Joy Cadiz v. Brent Hospital ( G.R. 187417, Feb. 24, 2016)-- immorality of HR
pregnant out of wedlock and deemed terminated until she marries her boyfriend.
STAR PAPER V SIMBOL April 12, 2006 - rule vs marriage with a co-employee?
Analogous causes:
SERIOUS LOSSES
G.J.T. Rebuilders v. Ricardo Ambos et al (Jan. 28, 2015)
If the employer closes the business and it is not losing or the loss is not "serious ",
then the proper separation pay is equivalent to one-month pay or to at least one-
half-month pay for every year of service, whichever is higher.
Summary of termination rules per DOLE DEPARTMENT ORDER NO. 147-15 Series of
2015
(Amending The Implementing Rules and Regulations of Book VI Of The Labor Code
of the Phils.)
BACKWAGES