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DAVAO CONTRACTORS DEVELOPMENT COOPERATIVE v. MARILYN A. PASAWA

This case has been cited 3 times or more.

2011-06-01
NACHURA, J.
We quote with approval the CA's observation in this wise: Verily, a cursory examination of the employment contract readily shows the absence of any standard to which [respondent] should comply. Neither was there any indicia that [respondent] was ever informed of the said standards if there [were] any. What [petitioners] merely claim, as mentioned above, is that [respondent] was presumed to know the standard required of him as General Manager in charge [of] the pre-opening of the resort.[21 ] In Secon Philippines, Ltd. v. NLRC,[22] Orient Express Placement Phils. v. NLRC,[23] and Davao Contractors Development Cooperative (DACODECO) v. Pasawa,[24] we did not sustain the employees' dismissal for failure of the employer to apprise them of the reasonable standards they needed to comply with for their continued employment.
2011-04-11
NACHURA, J.
We quote with approval the CA's observation in this wise: Verily, a cursory examination of the employment contract readily shows the absence of any standard to which [respondent] should comply. Neither was there any indicia that [respondent] was ever informed of the said standards if there [were] any. What [petitioners] merely claim, as mentioned above, is that [respondent] was presumed to know the standard required of him as General Manager in charge [of] the pre-opening of the resort.[21 ] In Secon Philippines, Ltd. v. NLRC,22 Orient Express Placement Phils. v. NLRC,23 and Davao Contractors Development Cooperative (DACODECO) v. Pasawa,[24] we did not sustain the employees' dismissal for failure of the employer to apprise them of the reasonable standards they needed to comply with for their continued employment.
2010-06-16
PERALTA, J.
On the other hand, loss of trust and confidence as a ground of dismissal has never been intended to afford an occasion for abuse because of its subjective nature.[32] It should not be used as a subterfuge for causes which are illegal, improper, and unjustified.[33] It must be genuine, not a mere afterthought intended to justify an earlier action taken in bad faith.[34] Let it not be forgotten that what is at stake is the means of livelihood, the name, and the reputation of the employee.[35] To countenance an arbitrary exercise of that prerogative is to negate the employee's constitutional right to security of tenure.[36]