ICCT Colleges Foundation Inc.

V.V Soliven Ave. II, Cainta, Rizal

College of Business and Accountancy

BLAW103 - LAW ON SALES, AGENCY, LABOR AND OTHER COMMERCIAL LAWS

Midterm Quiz
March 08, 2020
Name: Gimeno, Irish H.________________________________________ Section: _E45________ Score:
____________

INSTRUCTIONS: NO ERASURE ALLOWED. ERASABLE PEN/PENCIL IS ALSO NOT

ALLOWED. USE EITHER BLUE OR BLACK BALLPEN.

PART I. ESSAY. Write your answer legibly and in good form in the blank provided. Support your
answer with legal basis. (15 points each)

1. Tamara was employed by VMall. He was assigned to perform the duties of a salesman. In many
instances, it was shown that he deviated from certain company rules with the consent of his
supervisor. Due to the several complaints against him, his service was terminated for loss of trust
and confidence on the ground of willful disobedience. Thus, Tamara filed for illegal dismissal. Was
the dismissal of Tamara proper?

No, it is not proper to dismissed Tamara for his improper work it has
consent of his supervisor. The company will questioned the supervisor for
this matter. They need to have proper investigation for this matter to show if
their action is proper. Under articleART. 297. [282] Termination by Employer.
An employer may terminate an employment for any of the following causes:
Serious misconduct or willful disobedience by the employee of the lawful
orders of his employer or representative in connection with his work but
Tamara followed what the supervisor said its not Tamara fault it is the
supervisor.
Tamara can filed for illegal dismissal and if the court approved it is illegal
dismissal.
Tamara who is dismissed without just cause is entitled to any or all of the
following:
reinstatement without loss of seniority rights;
separation pay equivalent to the employee’s one-month salary for every
year of service if reinstatement cannot be provided;
full backwages, inclusive of allowances and other benefits or their monetary
equivalent from the time compensation was withheld up to the time of
reinstatement; and
payment of damages and/or attorney’s fees if the dismissal was done in bad
faith.

2. Paray was dismissed from employment for having been absent without leave (AWOL) for eight (8)
months, it turned out that the reason for his absence was his incarceration after he was mistaken as
the hostage taker in Greenhills. Eventually acquitted and released from jail, Paray returned to his
employer and demanded reinstatement and full backwages. Is Paray entitled to reinstatement and
backwages?

Yes, Paray was entitled reinstatement although he shall not be entitled to

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backwages during the detention, but only from the time the company refuse
to reinstate him. Paray should be reinstated to their former positions, since
their separation from employment was founded on a false or non-existent
cause. The cause for his dismissal having been proved non-existent or false,
his reinstatement is warranted. It would be unjust and unreasonable for the
Company to dismiss petitioner after the latter had proven himself innocent
of the cause for which he was dismissed.
Every employee will have the right to secure their work and its written in
ART. 279 Security of Tenure.In cases of regular employment, the employer
shall not terminate the services of an employee except for a just cause or
when authorized by this Title. An employee who is unjustly dismissed from
work shall be entitled to reinstatement without loss of seniority rights and
other privileges and to his full backwages, inclusive of allowances, and to his
other benefits or their monetary equivalent computed from the time his
compensation was withheld from him up to the time of his actual
reinstatement.
***END OF EXAMINATION***

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