Hot Water Case: 10 yr old v. airline

The airline is in hot water.

A 10-year old girl reportedly suffered 2nd degree burns while on flight from Bangkok to Manila on board a domestic airline. When she was served with her requested “hot water”, she accidentally spilled the contents on herself resulting in the injuries on her left thigh and leg. In response, the airline crew allegedly insisted that she was served only with “warm water”. (Read: News Report.)

To make things more interesting (or worse for the airline), the little girl happens to be a granddaughter of a Cebu-based mall tycoon whose group owns, runs, and operates a family-owned chain of malls in the Visayas and Mindanao. A tort case from a wealthy family will cause serious problems.

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Best Legal Practices: How It Started

Business law can be complicated.

I have been writing about Best Legal Practices in Legal Aspects and in my various social media accounts. My book Legal Aspects of Business with Best Legal Practices are filled with these practices.

Many have asked me what these “Best Legal Practices” are all about. They are interested as it is their first time from hearing these aside from the usual industry best practices. When have you encountered best legal practices?

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Employment Contracts and Employee Status

Employment contracts may have these arrangements: regular, probationary, casual, project, seasonal, and fixed-term. Each arrangement places an employee on a certain status. There are requirements for each employment contract. Failure to comply with the requisites results in the employee becoming regular, who will be entitled to all rights and privileges owing to such an employee.

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Handling Grievance in the Workplace

Handling Grievance in the workplace is a good way to prevent an issue from escalating to a labor complaint. In some cases, a simple concern in the workplace when left unresolved becomes a big problem later when a labor case is brought against the employer. It is, thus, important that issues be resolved properly and adequately within an establishment.

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Best Legal Practices: Disciplining or Terminating an Employee

Best Legal Practices are designed to protect businesses and organizations by preventing lawsuits and liabilities. These are best practices with legal compliance. For labor law, best legal practices are sourced from labor laws, rules and regulations, jurisprudence, and industry best practices.

Due Process Termination: Legal Way to Dismiss an Employee

Due process termination is the legal way to terminate an employee. Without due process, the employer will be liable for illegal dismissal, full backwages, reinstatement, separation pay if reinstatement is not feasible, moral and exemplary damages, nominal damages, and attorney’s fees. Illegal dismissal could result in a huge monetary award.

Intel Technology Philippines, Inc. v. NLRC, Jeremias Cabiles

Resignation is the formal relinquishment of an office, the overt act of which is coupled with an intent to renounce. This intent could be inferred from the acts of the employee before and after the alleged resignation.

G.R. No. 200575, 05 February 2014

Complainant Jeremias Cabiles filed a labor complaint primarily to recover retirement benefits from his employer Defendant Intel Technology Philippines, Inc. “Cabiles was initially hired by Intel Phil. on April 16, 1997 as an Inventory Analyst. He was subsequently promoted several times over the years and was also assigned at Intel Arizona and Intel Chengdu. He later applied for a position at Intel Semiconductor Limited Hong Kong (Intel HK).” He was offered by the latter the position of Finance Manager.

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