This case has been cited 2 times or more.
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2015-03-16 |
REYES, J. |
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| "It should be emphasized at the outset that as a rule, this Court is not a trier of facts and this applies with greater force in labor cases. Hence, factual findings of quasi-judicial bodies like the NLRC, particularly when they coincide with those of the [LA] and if supported by substantial evidence, are accorded respect and even finality by this Court. But where the findings of the NLRC and the [LA] are contradictory, as in the present case, this Court may delve into the records and examine for itself the questioned findings."[34] | |||||
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2007-09-07 |
AZCUNA, J. |
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| Abandonment is the deliberate and unjustified refusal of an employee to resume his employment. It is a form of neglect of duty; hence, a just cause for termination of employment by the employer under Article 282 of the Labor Code, which enumerates the just causes for termination by the employer.[50] Two factors must be present in order to constitute an abandonment: (a) the failure to report for work or absence without valid or justifiable reason; and (2) a clear intention to sever employer-employee relationship. The second is the more determinative factor and is manifested by overt acts from which it may be deduced that the employee has no more intention to work. The intent to discontinue the employment must be shown by clear proof that it was deliberate and unjustified. Mere absence from work does not imply abandonment.[51] | |||||