This case has been cited 3 times or more.
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2015-09-16 |
DEL CASTILLO, J. |
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| Here, we find that petitioner anchored his claims on unfounded and unproven allegations. No positive or direct evidence was adduced to show that he was indeed illegally dismissed from employment, either factually or constructively. If anything, the evidence on record showed that petitioner was relieved from his last assignment because of the implementation of a rotation policy by respondent agency which was requested by its clients; and that as correctly found by the CA, petitioner, from that point on, was considered on floating status or on temporary off-detail which is not an unusual occurrence for security guards given that their assignments primarily depend on the contracts entered into by the agency with third parties.[26] Placing petitioner on floating or off-detail status for not more than six months is not prohibited by law and did not amount to dismissal.[27] | |||||
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2014-11-19 |
DEL CASTILLO, J. |
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| When Villareal was relieved from duty, he was placed on floating status. "A floating status requires the dire exigency of the employer's bona fide suspension of operation, business or undertaking."[51] "It takes place when the security agency's clients decide not to renew their contracts with the agency x x x" and also "in instances where contracts for security services stipulate that the client may request the agency for the replacement of the guards assigned to it x x x."[52] In the latter case, the employer should prove that there are no posts available to which the employee temporarily out of work can be assigned.[53] | |||||
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2013-04-10 |
MENDOZA, J. |
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| There is no doubt that petitioners were constructively dismissed. The LA, the NLRC and the CA were one in their conclusion that respondent was guilty of illegal dismissal when it placed petitioners on floating status beyond the reasonable six-month period after the termination of their service contract with Banco de Oro. 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.[15] Such situation does not normally result in a constructive dismissal. Nonetheless, when the floating status lasts for more than six (6) months, the employee may be considered to have been constructively dismissed.[16] No less than the Constitution[17] guarantees the right of workers to security of tenure, thus, employees can only be dismissed for just or authorized causes and after they have been afforded the due process of law.[18] | |||||