This case has been cited 2 times or more.
|
2010-10-13 |
NACHURA, J. |
||||
| Retirement is the result of a bilateral act of the parties, a voluntary agreement between the employer and the employee whereby the latter, after reaching a certain age, agrees to sever his or her employment with the former.[12] | |||||
|
2010-06-16 |
CARPIO, J. |
||||
| Approval of applications for the ERP is within Korean Air's management prerogatives. The exercise of management prerogative is valid as long as it is not done in a malicious, harsh, oppressive, vindictive, or wanton manner.[42] In the present case, the Court sees no bad faith on Korean Air's part. The 21 August 2001 memorandum clearly states that Korean Air, on its discretion, was offering ERP to its employees. The memorandum also states that the reason for the ERP was to prevent further losses. Korean Air did not abuse its discretion when it excluded Yuson in the ERP. To allow Yuson to avail of the ERP would have been contrary to the purpose of the ERP. | |||||