These are the requirements to be complied in order that an employer may invoke loss of trust and confidence in terminating an employee under Article 282(c) of the Labor Code: “(1) the employee must be holding a position of trust and confidence; and (2) there must be an act that would justify the loss of trust and confidence.
G.R. No. 198620, 12 November 2014
Complainant Flordeliz Velayo filed a Labor Complaint for illegal dismissal, among others, against her employer defendant P.J. Lhuillier, Inc. Previously, complainant was hired as Accounting Clerk. Sometime after, she was served with a Show Cause Memo ordering her to explain her side against the charges wherein an overage amount of P540.00 was not reported immediately by her to the supervisor nor was it recorded at the end of that day. Continue reading here.
The seafarer’s non-compliance with the conflict-resolution procedure results in the affirmance of the fit-to-work certification of the company-designated physician.
G.R. No. 204699, 12 November 2014
Complainant Joel P. Hipe filed a Labor Complaint for payment of permanent disability compensation, among others. Previously, complainant “had been continuously hired by petitioner Bahia Shipping Services, Inc. (Bahia) for its foreign principal, Fred Olsen Cruise Line (Olsen), and deployed to the latter’s various vessels under seven (7) consecutive contracts. He was last employed by Bahia as plumber for the vessel M/S Braemar (vessel) under a six-month contract6 commencing on the day of his embarkation on December 6, 2007, with a basic monthly salary of US$708.007 exclusive of overtime and other benefits.”
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The amount of loss warranting the grant of actual or compensatory damages must be proved with a reasonable degree of certainty, based on competent proof and the best evidence obtainable by the injured party.
G.R. Nos. 200408 and 200416, 12 November 2014
“Eliezer, Evangeline C. Del Mundo, and Atty. Quirico T. Carag (Atty. Carag) (Del Mundo Group) are the registered owners of fifty percent (50%) (i.e., 250,000 shares of stock) of E.A. Northam Pharma Corporation (E.A. Northam), a domestic corporation which exclusively distributes and markets 28 various pharmaceutical products that are exclusively manufactured by Drugmakers, a domestic corporation under the control of Eliezer. The remaining fifty percent (50%) in E.A. Continue reading here.
The beneficiaries of a deceased seafarer may be able to claim death benefits for as long as they are able to establish that (a) the seafarer’s death is work-related, and (b) such death had occurred during the term of his employment contract.
G.R. No. 198408, 12 November 2014
Complainant Conchita J. Racelis, as the surviving spouse of Rodolfo L. Racelis, initiated a claim for death benefits pursuant to the International Transport Workers’ Federation-Collective Bargaining Agreement (ITWF-CBA), of which her husband was a member. Continue reading here.
A purported contract of sale where the vendor remains in physical possession of the land, as lessee or otherwise, is an indicium of an equitable mortgage.
G.R. No. 199852, 12 November 2014
Plaintiffs Sps. Gaston Jaque and Lilia Jaque initiated a Complaint for Ownership and Recovery of Possession against Defendants Sps. Felipe Solitarios and Julia Torda.
Plaintiffs alleged that “they purchased Lot 4089 from the [defendants], spouses Solitarios in stages. According to [plaintiffs], they initially bought one-half of Lot No. 4089 for 7,000.00. Continue reading here.
In ECC-related death benefit claims, dependent parents as beneficiaries include biological parents in case the decedent was adopted.
G.R. No. 192531, 12 November 2014
Petitioner Bernardina P. Bartolome initiated a claim for death benefits under PD 626 with the Social Security System (SSS) at San Fernando City, La Union, over the death of her son John Colcol (John), who she gave up for adoption, and alleged that she was the sole remaining beneficiary. Previously, John was employed as electrician by Defendant Scanmar Maritime Services, Inc., on board the vessel Maersk Danville. Continue reading here.
“In the absence of an express or implied prohibition against it, collection of both retirement benefits and separation pay upon severance from employment is allowed. This is grounded on the social justice policy that doubts should always be resolved in favor of labor rights.”
G.R. No. 185449, 12 November 2014
Complainant Marina L. Angus filed a labor complaint against her previous employer Defendants Goodyear Philippines, Inc. and its Human Resource Director Remigio M. Ramos. Continue reading here.