Podcast
Questions and Answers
What must be shown to justify an employee's dismissal based on abandonment of work?
What must be shown to justify an employee's dismissal based on abandonment of work?
- Poor job performance
- Overt acts evidencing intention to sever the relationship (correct)
- A formal resignation letter
- Negative comments about the employer
Employee Rosalio A. Leron received standard benefits such as 13th month pay and holiday pay.
Employee Rosalio A. Leron received standard benefits such as 13th month pay and holiday pay.
False (B)
In what year was Rosalio A. Leron hired by Demex Rattancraft, Inc.?
In what year was Rosalio A. Leron hired by Demex Rattancraft, Inc.?
1980
Who dismissed Leron from his position?
Who dismissed Leron from his position?
Demex Rattancraft, Inc. is engaged in the manufacturing of __________ products.
Demex Rattancraft, Inc. is engaged in the manufacturing of __________ products.
What item did Leron weave that was later rejected for export to Japan?
What item did Leron weave that was later rejected for export to Japan?
Leron was paid on an hourly basis for his work at Demex.
Leron was paid on an hourly basis for his work at Demex.
Match the following individuals to their roles in the case:
Match the following individuals to their roles in the case:
Which of the following is NOT a cause for termination of employment?
Which of the following is NOT a cause for termination of employment?
Abandonment of work is expressly listed as a just cause for termination under Article 297 of the Labor Code.
Abandonment of work is expressly listed as a just cause for termination under Article 297 of the Labor Code.
What two elements must be present to justify dismissal on the ground of abandonment of work?
What two elements must be present to justify dismissal on the ground of abandonment of work?
A clear and deliberate intent to discontinue one's employment is known as _______.
A clear and deliberate intent to discontinue one's employment is known as _______.
Match the following grounds for termination with their descriptions:
Match the following grounds for termination with their descriptions:
Which of the following must the employer provide to support a claim of abandonment?
Which of the following must the employer provide to support a claim of abandonment?
Mere failure to report for work is sufficient to support a charge of abandonment.
Mere failure to report for work is sufficient to support a charge of abandonment.
What evidence did the National Labor Relations Commission rely on to uphold the dismissal?
What evidence did the National Labor Relations Commission rely on to uphold the dismissal?
Abandonment of work directly ends the employer-employee relationship.
Abandonment of work directly ends the employer-employee relationship.
What is required for a valid termination of employment?
What is required for a valid termination of employment?
What must an employer provide after considering the employee's written explanation?
What must an employer provide after considering the employee's written explanation?
For a dismissal to be valid, the employer must send the employee an initial notice of ______.
For a dismissal to be valid, the employer must send the employee an initial notice of ______.
Match the terms related to employment termination with their definitions:
Match the terms related to employment termination with their definitions:
What is the employer's burden regarding dismissal?
What is the employer's burden regarding dismissal?
The Court of Appeals affirmed the finding that the respondent was illegally dismissed from employment.
The Court of Appeals affirmed the finding that the respondent was illegally dismissed from employment.
What does the employer need to demonstrate to legally terminate an employee for abandonment?
What does the employer need to demonstrate to legally terminate an employee for abandonment?
Who is the Chief Justice mentioned in the certification?
Who is the Chief Justice mentioned in the certification?
The conclusions in the Decision were made after the case was assigned to the writer.
The conclusions in the Decision were made after the case was assigned to the writer.
What position does Presbitero J. Velasco, Jr. hold?
What position does Presbitero J. Velasco, Jr. hold?
The Resolution dated January 30, 2009 was penned by Commissioner __________.
The Resolution dated January 30, 2009 was penned by Commissioner __________.
Match the following justices with their roles:
Match the following justices with their roles:
Which division was the Resolution penned by Commissioner Pablo C. Espiritu, Jr. part of?
Which division was the Resolution penned by Commissioner Pablo C. Espiritu, Jr. part of?
The Decision was concurred in by Associate Justices Edwin D. Sorongon and Romeo F. Barza.
The Decision was concurred in by Associate Justices Edwin D. Sorongon and Romeo F. Barza.
How many pages were indicated for the Rollo in footnote 1?
How many pages were indicated for the Rollo in footnote 1?
Which case was decided on January 11, 2016?
Which case was decided on January 11, 2016?
The Labor Arbiter Decision mentioned a date of July 7, 2006.
The Labor Arbiter Decision mentioned a date of July 7, 2006.
Name one case cited by the citation in the text.
Name one case cited by the citation in the text.
The case of _______ involves the National Labor Relations Commission and was ruled in 1999.
The case of _______ involves the National Labor Relations Commission and was ruled in 1999.
Match the following cases with their respective judges:
Match the following cases with their respective judges:
What is the citation for the case involving Karns International, Inc.?
What is the citation for the case involving Karns International, Inc.?
Flores v. Nuestro was decided by J. Yap.
Flores v. Nuestro was decided by J. Yap.
What citation is associated with the case of Capital Garment Corporation?
What citation is associated with the case of Capital Garment Corporation?
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Study Notes
Case Summary
- Demdex Rattancraft, Inc. (Demex) dismissed Rosalio A. Leron (Leron) from their service in 2006
- Leron was a weaver for Demex since 1980
- Demex claimed Leron was dismissed for abandonment of work
- The National Labor Relations Commission (NLRC) upheld the dismissal
- The Court of Appeals reversed the NLRC’s decision and reinstated Leron
Abandonment of Work
- To prove abandonment of work, the employer must show clear evidence of the employee’s intent to sever the employer-employee relationship
- Mere failure to report to work is insufficient to establish abandonment
- The employer must show the employee’s deliberate refusal to return to work
Demdex's Case
- Demex failed to establish Leron's intent to abandon his job
- Demex based their claim on failure to report to work with no other specific evidence
- Demex did not provide Leron with a chance to provide a written explanation
Due Process
- Demex violated the twin-notice rule
- Demex should have given Leron two notices, one specifying the charges and one stating the decision after Leron’s response
- The dismissal notice is the operative act that terminates an employer-employee relationship
Burden of Proof
- The employer, in this case, Demex, bears the burden of proving the validity of the dismissal
Conclusion
- The Supreme Court upheld the Court of Appeals’ decision
- Leron was illegally dismissed
- Demex was required to reinstate Leron and pay his back wages
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