May 23, 2022

SEAFARER MUST INITIATE REFERRAL TO THE THIRD DOCTOR

The conflicting findings called for the referral to a third doctor jointly agreed upon by the parties and whose findings shall be final and binding upon […]
June 5, 2022

AN INDIVIDUAL ENGAGED FOR HER UNIQUE SKILLS, EXPERTISE, AND TALENT IS AN INDEPENDENT CONTRACTOR

An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on their own account […]
June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is  qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]
June 27, 2022

RULES ON APPEAL IN LABOR CASES IN THE PHILIPPINES

Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) […]
July 1, 2022

PROCEEDINGS BEFORE THE LABOR ARBITER IN LABOR CASES PART 1

The Labor Arbiter who has jurisdiction over the labor dispute is guided by the 2011 NLRC Rules of Procedure as to the conduct of proceedings in […]
July 3, 2022

ACCEPTANCE OF SEPARATION PAY DOES NOT ESTOP THE EMPLOYEE FROM FILING THE ACTION FOR ILLEGAL RETRENCHMENT

Separation pay is required for valid retrenchment. However, when the employee accepts separation but thereafter files a case for illegal dismissal challenging the validity of retrenchment, […]
July 6, 2022

IMMUTABILITY OF JUDGMENT IN LABOR CASES WHERE PETITION FOR CERTIORARI IS FILED BEFORE THE COURT OF APPEALS

The fact that a decision of the NLRC is final and executory does not mean that a special civil action for certiorari may not be filed […]
September 4, 2022

A BLANKET NO-SPOUSE EMPLOYMENT POLICY DISCRIMINATORY

No-spouse employment policy is illegal where it fails to meet the two elements required for its validity. A bona fide occupational qualification requires the concurrence of […]
September 19, 2022

CLAIM OF CONSTRUCTIVE DISMISSAL AGAINST DEFENSE OF ABANDONMENT OF WORK

Cornworld Breeding Systems Corporation vs. Hon. Court of Appeals G.R. No. 204075, August 17, 2022 In constructive dismissal cases, the employer is, concededly, charged with the […]
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