This case has been cited 3 times or more.
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2016-01-11 |
DEL CASTILLO, J. |
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| The Court is not convinced as we find no proof of Iladan's allegations. It is a settled jurisprudence that it is incumbent upon an employee to prove that his resignation is not voluntary.[24] However, Iladan did not adduce any competent evidence to prove that respondents used force and threat. | |||||
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2015-09-09 |
PERALTA, J. |
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| Since petitioner admittedly resigned, it is incumbent upon her to prove that her resignation was involuntary and that it was actually a case of constructive dismissal with clear, positive and convincing evidence.[47] | |||||
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2015-07-29 |
PERLAS-BERNABE, J. |
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| In contrast, constructive dismissal exists where there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment.[41] It must be noted, however, that bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.[42] | |||||