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

DIANNE NICOLE C. LUMACAD

BSA/ E-45/ SUNDAY/ 10-1 PM

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?

ANSWER:

The dismissal of Tamara is proper, because under The Labor Code of the Philippines Article 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; Gross and habitual neglect by the employee of his duties;
fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
representative; Commission of a crime or offense by the employee against the person of his employer or
any immediate member of his family or his duly authorized representatives; and Other causes analogous
to the foregoing. And what Tamara did is under of the following which is the willful breach by the
employee of the trust reposed in him by his employer or duly authorized representative.

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?

ANSWER:

Paray is not entitled for the reinstatements and backwages the employer can terminate an employee
under the following cause in Article 282. Paray have been AWOL for 8 months and that was constitutes
gross and habitual neglect by the employee of his duties, which is a ground for termination under the
labor code.