Paulino Ungos III's Podcast

Learn why this manning agency was not held liable for the seafarer’s claims despite having executed an Affidavit of Assumption of Responsibility. Orlanes v. Stella Marris Shipmanagement, Inc., G.R. No. 247702, June 14, 2021. #GetThatBar2022 #Bar2022

Learn why the Supreme Court in this case rejected the employer’s contention that supervening events prevented it from reinstating its employee.  Consolidated Distillers of the Far East, Inc. v. Zaragoza, G.R. No. 229302, June 20, 2018.  #GetThatBar2022 #Bar2022

In a case, the Supreme Court reiterated the principles relating to the powers of the Secretary of the Department of Labor and Employment in national interest disputes, including the related principle on the significance of maintaining the status quo.  Albay Electric Cooperative, Inc. v. ALECO Labor Employees Organization, G.R. No. 241437, September 14, 2020.  #GetThatBar2022 #Bar2022

In a case, the Supreme Court reiterated the mandatory requirements for a valid strike. Bigg’s, Inc. v. Boncacas, G.R. Nos. 200487 & 200636, March 6, 2019. #GetThatBar2022 #Bar2022

Learn why the Supreme Court refused to accept the employer's assertion that the seafarer failed to follow the third doctor referral procedure under the POEA SEC.  United Philippine Lines, Inc. v. Ramos, G.R. No. 225171, March 18, 2021.  #GetThatBar2022 #Bar2022

The respondent in a complaint for illegal dismissal pointed out that a different person was the employer of the complainant. Did the Supreme Court uphold respondent’s claim?  Fernandez v. Kalookan Slaughterhouse, Inc., G.R. No. 225075, June 19, 2019.  #GetThatBar2022 #Bar2022

The employee alleged that his employer asked for his resignation. Will this be enough to declare the illegality of his dismissal from employment?  Jarabelo v. Household Goods Patrons, Inc., G.R. No. 223163, December 2, 2020.  #GetThatBar2022 #Bar2022

Find out why this employee was declared to have been illegally dismissed from employment even when witnesses of the employer testified to the employee’s violation of company rules.  Bautista v. Eli Lilly Philippines, Inc., G.R. No. 235865, February 3, 2021.  #GetThatBar2022 #Bar2022

Can an employer’s general return-to-work order be a defense against a claim of constructive dismissal?  Seventh Fleet Security Services, Inc. v. Loque, G.R. No. 230005, January 22, 2020.  #GetThatBar2022 #Bar2022

Learn the requirements for validly placing an employee on floating status.  Airborne Maintenance and Allied Services, Inc. v. Egos, G.R. No. 222748, April 3, 2019.  #GetThatBar2022 #Bar2022

The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.  Ebus v. The Results Co., Inc., G.R. No. 244388, March 3, 2021.&nb...

Find out why the Supreme Court declared the illegality of the employee’s dismissal from employment despite the employer’s notice to the DOLE and the employee.  Acosta v. Matiere SAS, G.R. No. 232870, June 3, 2019.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Although employers have the inherent right to discipline their employees, the penalties imposed must be commensurate to the infractions committed. Dismissal of employees for minor and negligible offenses may be considered as illegal dismissal.  Malcaba v. ProHealth Pharma Philippines, Inc., G.R. No. 209085 , June 6, 2018.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2008 global financial crisis.  Team Pacific Corp. v. Parente, G.R. No. 206789, July 15, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use.  Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.  Jacob v. First Step Manpower Int’l. Services, Inc., G.R. No. 229984, July 8, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Find out why an employer was still held liable for constructive dismissal even if it had no hand in the sexual harassment committed by its supervisor.  LBC Express-Vis, Inc. v. Palco, G.R. No. 217101, February 12, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

When an illegally dismissed employee is reinstated, should he be considered a new hire?  Cuadra v. San Miguel Corp., G.R. No. 194467, July 13, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver