This case has been cited 3 times or more.
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2013-07-08 |
PEREZ, J. |
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| Neither are we inclined to disturb the CA's finding that Escudero was constructively dismissed by Tan Brothers which, as employer, had the burden of proving that said employee was dismissed for a just and valid cause.[38] 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.[39] The test is whether a reasonable person in the employee's position would have felt compelled to give up his position under the circumstances.[40] Much though Tan Brothers may now be inclined to disparage the same as mere alibis, the fact that Escudero was deprived of office space, was not given further work assignment and was not paid her salaries until she was left with no choice but stop reporting for work all combine to make out a clear case of constructive dismissal. | |||||
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2010-07-20 |
PEREZ, J. |
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| As a rule, a petition for review under Rule 45[30] of the Rules of Court must raise only questions of law. However, the rule has exceptions such as when the findings of the Labor Arbiter, NLRC and Court of Appeals vary,[31] as in this case. | |||||