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193 SCRA 665
FACTS:
• Ong was the Sales Manager of petitioner.
• Upon private respondent's return from a
business and pleasure trip abroad, he was
informed by the President of petitioner that
his services were being terminated upon the
ground of redundancy.
• ISSUE: Whether or not private respondent is
validly terminated?
HELD: YES, Ong was validly terminated.
• the letter informing private respondents of the
termination of his services though used the word
“redundant”;
• It means that the company have incurred financial
losses and compelled it to resort to retrenchment to
prevent further losses;
• Thus, in effect, retrenchment was necessary, which
in turn resulted in the redundancy of private
respondent's position.
Redundancy exists where the services of an
employee are in excess of what is reasonably
demanded by the actual requirements of the
enterprise.
ROYAL PLANT WORKERS UNION VS. COCA
COLA BOTTLERS PHILIPPINES, INC.
G.R. No. 198783
15 April 2013
FACTS:
• Bottlers were provided with chairs which they
can use during work hours;
• But the same were removed pursuant to a
national directive of the petitioner;
• Respondent averred that removal of the chairs
constitutes a violation of the occupational health
and safety standards, the policy of the state to
assure the right of workers to just and humane
conditions of work.
ISSUE: WON the removal of the chairs is valid
exercise of management prerogative?
HELD:
• YES. The Court held that management is free to
regulate, according to its own discretion and
judgment, all aspects of employment;
• But such is not absolute as it must be exercised in
good faith and with due regard to the rights of
labor;
• Here, the removal of the chairs by the Respondent
was done in good faith and was aimed only to
avoid instances of operators sleeping on the job
while in the performance of their duties.
Ymbong vs ABS-CBN
G.R. 184885
7 March 2012
FACTS:
• Ymbong worked at ABS-CBN as television talent;
• ABS-CBN issued a policy requiring resignation to those
who will run in the election;
• Ymbong run as councilor but lost the election;
• This however prompted ABSCBN to terminate the
services of Ymbong;
• Ymbong then filed for illegal dismissal;