This case has been cited 2 times or more.
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2007-01-30 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, the procedure for termination prescribed under Art. 277(b) and Rule XXII of the Implementing Rules of Book V is supplemented by existing company policy. Art. 277(b) provides that the procedure for termination prescribed therein is without prejudice to the adoption by the employer of company policy on the matter, provided this conforms with the guidelines set by the DOLE such as Rule XXII of the Implementing Rules of Book V. This is consistent with the established principle that employers are allowed, under the broad concept of management prerogative, to adopt company policies that regulate all aspects of personnel administration including the dismissal and recall of workers.[59] | |||||
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2006-10-30 |
YNARES-SANTIAGO, J. |
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| Petitioner was properly awarded moral and exemplary damages. Moral damages may be recovered only where the dismissal of the employee was tainted by bad faith or fraud, or where it constituted an act oppressive to labor, and done in a manner contrary to morals, good customs, or public policy while exemplary damages are recoverable only if the dismissal was done in a wanton, oppressive, or malevolent manner. These damages, however, are not intended to enrich petitioner and should therefore be reduced to P50,000.00 each.[30] | |||||