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JONATHAN V. MORALES v. HARBOUR CENTRE PORT TERMINAL

This case has been cited 5 times or more.

	GR No. 212096 2015-10-14	NIGHTOWL WATCHMAN v. NESTOR LUMAHAN BRION, J.
It should be remembered that in cases before administrative and quasi-judicial agencies like the NLRC, the degree of evidence required to be met is substantial evidence,[13] or such amount of relevant evidence that a reasonable mind might accept as adequate to justify a conclusion.[14] In a situation where the word of another party is taken against the other, as in this case, we must rely on substantial evidence because a party alleging a critical fact must duly substantiate and support its allegation.[15]
	GR No. 215555 2015-07-29	CENTRAL AZUCARERA DE BAIS v. JANET T. SIASON PERLAS-BERNABE, J.
In contrast, constructive dismissal exists where there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment.[41] It must be noted, however, that bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.[42]
	GR No. 185100 2014-07-09	GIRLY G. ICO v. SYSTEMS TECHNOLOGY INSTITUTE DEL CASTILLO, J.
Constructive dismissal exists where there is cessation of work because 'continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay' and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment. In cases of a transfer of an employee, the rule is settled that the employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds such as genuine business necessity and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee's transfer shall be tantamount to unlawful constructive dismissal.[59]
	GR No. 191281 2012-12-05	BEST WEAR GARMENTS v. ADELAIDA B. DE LEMOS VILLARAMA, JR., J.
The right of employees to security of tenure does not give them vested rights to their positions to the extent of depriving management of its prerogative to change their assignments or to transfer them. Thus, an employer may transfer or assign employees from one office or area of operation to another, provided there is no demotion in rank or diminution of salary, benefits, and other privileges, and the action is not motivated by discrimination, made in bad faith, or effected as a form of punishment or demotion without sufficient cause.[16]
	GR No. 195428 2012-08-29	JOMAR S. VERDADERO v. BARNEY AUTOLINES GROUP OF COMPANIES TRANSPORT MENDOZA, J.
Constructive dismissal exists where there is cessation of work, because "continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay" and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment.[26]