Monday, January 19, 2009

Philippine bar exam questions 2008(Q12-LABOR)

Arnaldo, President of "Bisig" Union in feamwear Company, readied himself to leave exactly at 5:00 pm which was the end of his normal shift to be able to send off his wife who was scheduled to leave for overseas. However, the General Manager required him to render overtime work to meet the company's export quota. Arnaldo begged off, explaining to the General Manager that he had to see of his wife who was leaving to work abroad. The company dismissed Arnaldo for insubordination. He filed a case for illegal dismissal. Decide. (6%)
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1 comment:

  1. AnonymousJanuary 20, 2009 at 12:35 AM

    The case for illegal dismissal would prosper.

    Under the labor code, insuburdanation is not a ground for dismissal of an employee.The law further states that, due process must be observed prior to the dismissal.

    Here, Arnaldo was dismissed without due process.His disobedience has a valid ground because his wife is going to give birth.Hence,the case for illegal dismissal has a legal basis.

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