labor case

In filing a petition for certiorari with the Court of Appeals, the verification and certification against forum shopping is a mandatory requirement. In one case, the employer asserts that the complainant did not submit a duly executed Verification and Certification of Non-Forum Shopping when he filed his Petition for Certiorari before the CA. It alleged […]

Posting of a cash bond or surety bond is one of the requisites to perfect an appeal from the decision of the Labor Arbiter in a labor case. In the case of Nuda vs. LGTM Corporation, Inc., [G.R. No. 245835] the Supreme Court (SC) held that there is no dispute that respondents therein filed an […]

In Central Azucarera De Bais, Inc. vs. Siason [765 Phil 399 (2015)], the Supreme Court (SC) defines resignation as the formal pronouncement or relinquishment of a position or office. It is  the voluntary act of an employee who is in a  situation where he believes that personal reasons cannot be sacrificed in favor of the […]

An employee who alleges to have been dismissed from service has the burden of proof. The rule is that before resolving the legality or illegality of dismissal, the fact of dismissal must first be established. It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for […]

In an illegal dismissal case, the onus probandi rests on the employer to prove that the employee’s dismissal was for a valid cause. A valid dismissal requires compliance with both substantive and procedural due process – that is, the dismissal must be for any of the just or authorized causes enumerated in Article 297 and […]

An affidavit is a sworn statement of an individual testifying on fact in issue in a particular situation or a case. It is usually presented to stand as a witness in a case, like in a labor case. What is the value of an affidavit in a labor case? Does it have any probative weight […]

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 […]

As a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of giving separation pay to resignees. (Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020) An employee who claims that […]

Abandonment is a ground for dismissal of employment under Article 297 of the Labor Code, as amended. The employee has the right to challenge the dismissal by filing a labor case. However, during the pendency of the case, the employee may have decided to seek employment. What will be the effect on the labor case […]

In evaluating evidence available in a dismissal case, must the guilt of an employee be proved beyond reason-able doubt just like in criminal cases? The answer is no. Proceeding in labor is administrative in nature. All administrative determinations require only substantial proof and not clear and convincing evidence. (Segismundo vs. NLRC, G.R. No. 112203, December […]