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LORENZO MA. D.G. AGUILAR v. BURGER MACHINE HOLDINGS CORPORATION

This case has been cited 5 times or more.

	GR No. 182848 2011-10-05	EMIRATE SECURITY v. GLENDA M. MENESE BRION, J.
In these lights, Menese's transfer constituted a constructive dismissal as it had no justifiable basis and entailed a demotion in rank and a diminution in pay for her. For a transfer not to be considered a constructive dismissal, the employer must be able to show that the transfer is for a valid reason, entails no diminution in the terms and conditions of employment, and must be unreasonably inconvenient or prejudicial to the employee. If the employer fails to meet these standards, the employee's transfer shall amount, at the very least, to constructive dismissal.[41] The petitioners, unfortunately for them, failed to come up to these standards.
	GR No. 149273 2009-06-05	BIENVENIDO C. GILLES v. CA NACHURA, J.
We, therefore, find that Gilles was constructively dismissed from employment. Constructive dismissal exists when the employee involuntarily resigns due to the harsh, hostile, and unfavorable conditions set by the employer. It arises when there is clear discrimination, insensibility, or disdain by an employer and this becomes unbearable to the employee.[48]
	GR No. 179174 2008-12-24	REYNALDO MADRIGALEJOS v. GEMINILOU TRUCKING SERVICE CARPIO MORALES, J.
Constructive dismissal is a cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee.[22] The test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his job under the circumstances.[23]
	GR No. 150488 2008-07-28	SIEMENS PHILIPPINES v. ENRICO A. DOMINGO NACHURA, J.
A diminution of pay is prejudicial to the employee and amounts to constructive dismissal.[35] The gauge for constructive dismissal is whether a reasonable person in the employee's position would feel compelled to give up his employment under the prevailing circumstances. Constructive dismissal is defined as quitting when continued employment is rendered impossible, unreasonable or unlikely as the offer of employment involves a demotion in rank or diminution in pay.[36] It exists when the resignation on the part of the employee was involuntary due to the harsh, hostile and unfavorable conditions set by the employer. It is brought about by the clear discrimination, insensibility or disdain shown by an employer which becomes unbearable to the employee. An employee who is forced to surrender his position through the employer's unfair or unreasonable acts is deemed to have been illegally terminated and such termination is deemed to be involuntary.[37]
	GR No. 154503 2008-02-29	UNIWIDE SALES WAREHOUSE CLUB and VIVIAN M. APDUHAN v. NLRC and AMALIA P. KAWADA AUSTRIA-MARTINEZ, J.
The test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his position under the circumstances.[45] It is an act amounting to dismissal but made to appear as if it were not. In fact, the employee who is constructively dismissed may be allowed to keep on coming to work. Constructive dismissal is therefore a dismissal in disguise. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer.[46]