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2. Hostile Work Environment – “IHO” -placing Mere shouting and vexing not
in INTIMDATING HOSTILE considered fighting
OFFICE/ENVIRONMENT because of conduct of Must be physical
superior officer Why? Stop work-> No work no pay
2. Principle of Compassion-> ie if he is a
Willful disobedience -deliberate, intentional
breadwinner
disobedience of a reasonable rule or regulation
3. First offence rule will not apply depending on by a company
gravity of offense, position and nature of work
Question In a motor pool, there was a
o Manager v rank and file regulation that no company driver can take out
o Nature of business – ie. Educational, a company vehicle without approval of
religious wherein morality is given a higher supervisor, took out car without permission
standard because supervisor was not there.
o Fiduciary relationship – ie. Teller
First offense not basis but a repeated
o Business which requires strict rules – ie. Gas
commission of same offense will cause dismissal
station no smoking
5. Principle of charity, compassion and NOTE: The fact that he filed constructive
understanding dismissal will negate abandonment
a. actual- restored to former position ie. RA 1822 Migrant workers and overseas
workers- OFW and seaman employed by fixed
b. payroll – reinstated in payroll does not term or contractual basis
perform
Remedy: pay separation pay instead of Mere breach of trust may justify dismissal
reinstatement Ie. Teller,accountant- in relation to company’s
a. position has been filled up – he should be money and property
reinstated in substantially equivalent position; if Serious misconduct- theft refers only to
not available pay separation pay as compromise company money and property; stolen money of
reinstatement co-employee is analogous serious misconduct
b. position abolished- legal and physical
impossibility; pay separation pay
Authorized Causes
1. Introduction of Labor Saving Device
*San Miguel Beer Case – install rotating Question ABS CBN because of serious business
machine that doubles production-> decrease in losses closed down radio centers, those
need for labor affected charged against ABS CBN including
payment of separation pay. Is contention of ABS
Automation/replacement of workers by
CBN valid?
machine which results in technological
unemployment Yes. Not total closure but merely partial. A
closure with particular economic activity. It
Requirements:
should be treated as form of retrenchment.
1. 2 separate notice rule
ABS still liable to pay seaparation pay.
2. fair and reasonable criteria- not provided by
law ie. Agreed upon CBA company policy
3. Redundancy
-deficiency in production in management
- there is no duplication of work functions; it is
-LIFO rule
superfluous, it is outcome of
-seniority
Ie. Overhiring of workers, surplus workers,
3. good faith – not resort to constructive some if not all positions will become redundant
dismissal
-lack of raw materials
4. separation pay – 1 month pay or 1 m/year of
-company not losing
service
-full month pay/yr of service
5. separation pay
5. Closure of business