This case has been cited 3 times or more.
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2013-01-17 |
PERALTA, J. |
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| What is evident, therefore, is that Gan's resignation is NOT "a case of adherence, not of choice," but was a product of a mutually beneficial arrangement. We agree with respondents that the result of the negotiation leading to Gan's resignation is a "win-win" solution for both parties. On one hand, Gan was able to obtain a favorable severance pay while getting flexible working hours to implement his post-resignation career options. On the other hand, Galderma was able to cut its relation with an employee perceived to be unwilling to perform additional product responsibilities while being given ample time to look for an alternative to hire and train. Indeed, Gan voluntarily resigned from Galderma for a valuable consideration. He negotiated for an improvement of the resignation package offered and he managed to obtain an acceptable one. As opposed to the case of San Miguel Corporation v. NLRC,[45] Gan was not tricked or was "morally and psychologically hoodwinked" to draft, sign, and tender his resignation letter. It was not made without proper discernment and time to reflect; nor was it a knee-jerk reaction that left him with no alternative but to accede.[46] | |||||
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2008-11-28 |
TINGA, J. |
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| SMC, in its Comment[8] dated September 1, 2006, argues that petitioners are effectually seeking the amendment of the Court's final Decision in San Miguel Corporation v. NLRC[9] which effectively limited their backwages to three (3) years pursuant to the then prevailing law and jurisprudence. It insists that Republic Act No. 6715 (R.A. No. 6715), which declared the reinstatement of illegally dismissed employees to be immediately executory, has no retroactive effect and cannot benefit petitioners who were dismissed on March 14, 1984, three years before R.A. No. 6715 took effect on March 21, 1989. | |||||
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2004-03-10 |
YNARES-SATIAGO, J. |
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| In the earlier case of San Miguel Corporation v. NLRC,[20] respondent's reasons for terminating the services of its employees in the very same Sum-ag Sales Office was rejected, to wit: Even if private respondents were given the option to retire, be retrenched or dismissed, they were made to understand that they had no choice but to leave the company. More bluntly stated, they were forced to swallow the bitter pill of dismissal but afforded a chance to sweeten their separation from employment. They either had to voluntarily retire, be retrenched with benefits or be dismissed without receiving any benefit at all. | |||||