This case has been cited 4 times or more.
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2009-01-30 |
LEONARDO-DE CASTRO, J. |
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| Having failed to substantiate their claim of constructive dismissal, Sugue and Valderrama should be deemed to have abandoned their work, thus, their dismissal is warranted. Abandonment is the deliberate and unjustified refusal of an employee to resume his employment, without any intention of returning. It is a form of neglect of duty, hence, a just cause for termination of employment by the employer. For abandonment to be a valid ground for dismissal, two elements must then be satisfied: (1) the failure to report for work or absence without valid or justifiable reason; and (2) a clear intention to sever the employer-employee relationship. The second element is the more determinative factor and must be evinced by overt acts.[48] | |||||
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2007-10-19 |
CHICO-NAZARIO, J. |
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| However, when the findings of the Labor Arbiter contradict those of the NLRC, departure from the general rule is warranted, and this Court must of necessity make an infinitesimal scrunity and examine the records all over again including the evidence presented by the opposing parties to determine which findings should be preferred as more conformable with evidentiary facts.[26] | |||||
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2004-09-17 |
TINGA, J. |
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| That Glaxo possesses the right to protect its economic interests cannot be denied. No less than the Constitution recognizes the right of enterprises to adopt and enforce such a policy to protect its right to reasonable returns on investments and to expansion and growth.[20] Indeed, while our laws endeavor to give life to the constitutional policy on social justice and the protection of labor, it does not mean that every labor dispute will be decided in favor of the workers. The law also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play.[21] | |||||