This case has been cited 4 times or more.
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2010-10-06 |
LEONARDO-DE CASTRO, J. |
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| Fifth, all the foregoing caused Del Villar inconvenience and prejudice, so unbearable for him that he was constrained to seek remedy from the NLRC. The Labor Arbiter was correct in his observation that had Del Villar resigned immediately after his "transfer," he could be said to have been constructively dismissed. There is constructive dismissal when there is a demotion in rank and/or diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee.[32] | |||||
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2008-02-29 |
AUSTRIA-MARTINEZ, J. |
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| The foregoing rule, however, is not absolute. The Court, in Dusit Hotel Nikko v. National Union of Workers in Hotel, Restaurant and Allied Industries (NUWHRAIN),[42] held that the factual findings of the NLRC as affirmed by the CA, are accorded high respect and finality unless the factual findings and conclusions of the LA clash with those of the NLRC and the CA in which case the Court will have to review the records and the arguments of the parties to resolve the factual issues and render substantial justice to the parties.[43] | |||||
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2007-10-19 |
CHICO-NAZARIO, J. |
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| WHETHER, THE HON. COURT OF APPEALS COMMITTED REVERSIBLE ERROR OF LAW IN NOT FINDING THAT RESPONDENTS SUBVERTED PETITIONER'S RIGHT TO DUE PROCESS OF THE LAW.[23] Before we delve into the merits of this case, it is best to stress that the issues raised by petitioner in this instant petition are factual in nature which is not within the office of a Petition for Review.[24] The raison d'etre for this rule is that, this Court is not a trier of facts and does not routinely undertake the re-examination of the evidence presented by the contending parties for the factual findings of the labor officials who have acquired expertise in their own fields are accorded not only respect but even finality, and are binding upon this Court.[25] | |||||
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2005-11-15 |
GARCIA, J. |
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| As held by this Court in the very recent case of Dusit Hotel Nikko vs. National Union of Workers in Hotel:[22] | |||||