This case has been cited 2 times or more.
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2014-03-12 |
REYES, J. |
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| As it could not be determined with absolute certainty whether or not Johnson rendered the services he mentioned during the material time, doubt must be construed in his favor for the reason that "the consistent rule is that if doubt exists between the evidence presented by the employer and that by the employee, the scales of justice must be tilted in favor of the latter."[24] What is clear upon the records is that Johnson had already taken his place in the hotel since July 2007. | |||||
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2014-03-12 |
REYES, J. |
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| With this, the Court brings to mind its earlier ruling in the case of SHS Perforated Materials, Inc. v. Diaz[33] where it held that: "There is constructive dismissal if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it would foreclose any choice by him except to forego his continued employment. It exists where there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay."[34] | |||||