United Tourist Promotions (UTP) v. Harland B. Kemplin

An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his dismissal.

G.R. No. 205453, 05 February 2014

Complainant Harland B. Kemplin initiated a labor complaint against his employer defendant United Tourist Promotions (UTP), and its sole proprietor defendant Ariel D. Jersey. Sometime in 1995, Complainant and the late Mike Dunne formed UTP with the help of two American expatriates. In 2002, UTP engaged Complainant to be its President for five years. Even after the period, Complainant retained his position. In 30 July 2009, UTP sent Complainant a letter informing him of the lapse of his contract and its non-renewal resulting in his no longer being employed. Further, the letter directed Complainant to cease and desist from entering the premises due to the various criminal cases filed against him arising of his “inhuman treatment… of the rank and file employees, which caused great damage and [prejudice] to the company.”

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Raul C. Cosare v. Broadcom Asia, Inc.

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit.

G.R. No. 201298, 05 February 2014

Complainant Raul C. Cosare instituted a labor complaint primarily for constructive dismissal against his employer defendant Broadcom Asia, Inc., and its president defendant Dante Arevalo.

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Industry practice and talent contracts

Industry practice is not a defense against a defective fixed-term employment.

“The practice of having fixed-term contracts in the industry does not automatically make all talent contracts valid and compliant with labor law. The assertion that a talent contract exists does not necessarily prevent a regular employment status.” (Thelma Dumpit-Murillo v. Court of Appeals, Associated Broadcasting Company, et al., G.R. No. 164652, 08 June 2007)

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International School of Manila v. International School Alliance of Educators (ISAE)

Gross inefficiency is a just case since it is closely related to gross neglect.

G.R. No. 167286, 05 February 2014

Complainant Evangeline Santos filed a labor complaint for illegal dismissal against her employer defendant International School Manila and Brian McCauley. Previously, complainant was “first hired by the School in 1978 as a full-time Spanish language teacher.” After filing for a leave of one academic year, she agreed to teach the only available Spanish class and four other classes of Filipino.

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Universal Robina Sugar Milling Corporation v. Ferdinand Acibo

To establish seasonal employment, the employer must prove that: (1) the employee must be performing work or services that are seasonal in nature; and (2) he had been employed for the duration of the season.

G.R. No. 186439, 15 January 2014

Complainants number 20 filed a complaint for regularization, entitlement to the benefits under the Collective Bargaining Agreement, and attorney’s fees, against defendant their employer Universal Robina Sugar Milling Corporation (URSUMCO) and its Business Unit General Manager Rene Cabati. Previously, between February 1988 and April 1966, complainants were hired by URSUMCO on various dates and in different capacities – i.e. drivers, crane operators, bucket hookers, welders, mechanics, laboratory attendants and aides, steel workers, laborers, carpenters and masons, among others. Initially, complainants were made to execute 1 month employment contracts or for a given season. They were repeatedly rehired. Thereafter, complainants filed this complaint. By way of defense, defendant claimed that some were seasonal while others were project employees.

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Alpha Ship Management Corporation v. Eleosis V. Calo

An employee’s disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120- or 240-day treatment period, while the employee’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee’s fitness or disability.

G.R. No. 192034, 13 January 2014

Complainant Eleosis V. Calo filed a Complaint for the recovery of total permanent disability, illness allowance, reimbursement of medical expenses, damages and attorney’s fees, against his employer defendant Alpha Ship Management Corporation, and the latter’s principal, Chuo-Kaiun Company Limited.

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Manila Water Company v. Carlito Del Rosario

By way of exception, legally dismissed employee may be awarded separation pay provided that the dismissal (1) was not for serious misconduct; and (2) did not reflect on the moral character of the employee.

G.R. No. 188747, 28 January 2014

Previously, complainant was hired as an Instrument Technician. Sometime afterwards, Defendant discovered that 24 meters were missing in its stockroom. “Upon initial investigation, it appeared that [complainant] and his co-employee, a certain Danilo Manguera, were involved in the pilferage and the sale of water meters to the company’s contractor. Consequently, Manila Water issued a Memorandum dated 23 June 2000, directing [complainant] to explain in writing within 72 hours why he should not be dealt with administratively for the loss of the said water meters. In his letter-explanation, [complainant] confessed his involvement in the act charged and pleaded for forgiveness, promising not to commit similar acts in the future.”

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