This case has been cited 2 times or more.
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2013-08-28 |
BERSAMIN, J. |
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| It is true that an employer is given a wide latitude of discretion in managing its own affairs. The broad discretion includes the implementation of company rules and regulations and the imposition of disciplinary measures on its employees. But the exercise of a management prerogative like this is not limitless, but hemmed in by good faith and a due consideration of the rights of the worker.[24] In this light, the management prerogative will be upheld for as long as it is not wielded as an implement to circumvent the laws and oppress labor.[25] | |||||
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2006-10-30 |
YNARES-SANTIAGO, J. |
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| After a painstaking review of the records, we uphold the findings of the Labor Arbiter and of the NLRC that petitioner was constructively dismissed. Constructive dismissal or a constructive discharge has been defined as quitting because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.[11] In the instant case, there is constructive dismissal because the continued employment of petitioner is rendered impossible so as to foreclose any choice on his part except to resign from such employment.[12] | |||||