This case has been cited 3 times or more.
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2014-07-09 |
PEREZ, J. |
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| The Court recognizes the right of the employers to discipline its employees for serious violations of company rules after affording the latter due process and if the evidence warrants.[23] Such right, however, should be exercised in consonance with sound discretion putting into mind the basic elements of justice and fair play. | |||||
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2014-02-05 |
REYES, J. |
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| Given the circumstances, the Court agrees with Cosare's claim of constructive and illegal dismissal. "[C]onstructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit."[51] In Dimagan v. Dacworks United, Incorporated,[52] it was explained:The test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his position under the circumstances. It is an act amounting to dismissal but is made to appear as if it were not. Constructive dismissal is therefore a dismissal in disguise. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer.[53] (Citation omitted) | |||||
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2011-09-21 |
PEREZ, J. |
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| Most recently, The University of the Immaculate Concepcion v. National Labor Relations Commission[26] iterated that a crucial element in a finding of constructive dismissal is a cessation of employment relations between the parties. | |||||