This case has been cited 3 times or more.
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2012-07-18 |
BERSAMIN, J. |
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| (a) The expected losses should be substantial and not merely de minimis in extent; (b) The substantial losses apprehended must be reasonably imminent; (c) The retrenchment must be reasonably necessary and likely to effectively prevent the expected losses; and (d) The alleged losses, if already incurred, and the expected imminent losses sought to be forestalled must be proved by sufficient and convincing evidence.[22] | |||||
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2010-09-29 |
DEL CASTILLO, J. |
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| At the outset, the power of the CA to review a decision of the NLRC "in a petition for certiorari under Rule 65 of the Rules of Court does not normally include an inquiry into the correctness of the NLRC's evaluation of the evidence."[21] However, under certain circumstances, the CA is allowed to review the factual findings or the legal conclusions of the NLRC in order to determine whether these findings are supported by the evidence presented and the conclusions derived therefrom are accurately ascertained.[22] It has been held that "[i]t is within the jurisdiction of the CA x x x to review the findings of the NLRC."[23] | |||||
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2009-02-04 |
QUISUMBING, J. |
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| The resolution of this case rests on the determination of the validity of respondents' retrenchment by petitioner. Retrenchment is the termination of employment initiated by the employer through no fault of the employees and without prejudice to the latter, resorted to by management during periods of business recession, industrial depression, or seasonal fluctuations or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery, or of automation. [14] It is a management prerogative resorted to by employers to avoid or minimize business losses. [15] | |||||