constructive dismissal

Transfer of employment is one of the management prerogatives of the employer. However, this must be validly done to avoid falling under constructive dismissal. The Supreme Court (SC) has held that there are various laws imposing all kinds of burdens and obligations upon the employer in relation to his employees, and yet as a rule […]

Constructive dismissal is a cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee. The test of constructive dismissal is whether a reasonable person […]

In a case where the employee filed an illegal dismissal case with the National Labor Relations Commission (NLRC) and the employer defends against it by alleging the employee has resigned, the Supreme Court (SC) usually rules by examining the facts and circumstances of the case. The rule is that one who alleges a fact has […]

In the case of Italkara 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that the fact of dismissal must first be proven by the employee, especially considering the existence of a resignation letter signed by him. Indeed, in illegal dismissal cases, the burden of proof is on the […]

Temporary displacement or temporary off-detail of security guard is, generally, allowed in a situation where a security agency’s client decided not to renew their service contract with the agency and no post is available for the relieved security guard. Such situation does not normally result in a constructive dismissal. Nonetheless, when the floating status lasts […]