LABREL

1.) Upon medical finding that X was infected with HIV virus, he was terminated from
employment. He filed an action for illegal dismissal, will the action prosper.

2.) The faculty of a certain school staged a strike. Other employees of the school joined
the strike for sympathy. Since the dispute concerns national interest, the president
assumed jurisdiction and issued return to work order.

3.) The strikers refused to comply with the return to work order pending resolution of the
motion for reconsideration on the validity of the return to work order.

a.) Was the president's assumption of jurisdiction over the dispute valid?

b.) Was the defiance of the strikers a valid ground for their dismissal?

c.) Assuming there is illegal dismissal, who has jurisdiction over the employees who
are not members of faculty and joined the strike?

4.) X is manager of ABC Bank. During his stint, there was a withdrawal of deposits
amounting to billion of pesos by some of their big clients. ABC learned that the
withdrawn money was deposited to a rival bank and x received a commission out of
that transfer of funds. ABC Bank terminated X on the ground of lost of trust and
confidence. X filed illegal dismissal.

a.) Will the action prosper?

b.) Assuming there is no illegal dismissal, can the bank ask X for the return of the
amount?

5.) D2 rin ata sa part na to ung question na assuming the labor arbiter found that there is
no illegal dismissal then on appeal to the nlrc the labor arbiter's decision was reversed,
can the SC review the judgment of the nlrc without going to CA? What is the effect if no
motion for reconsideration was filed first?

6.) The labor arbiter rendered a decision ordering the payment of backwages and other
benefits and since no appeal it became final and executory. The plaintiff filed a motion
for execution. However, there was an order from the rtc ordering the rehabilitation of
the company for five years due to bankruptcy. So all assets of the company are
freezed and the RTC issued a stay order pending rehabilitation.

a.) Can the execution in the labor arbiter be stayed by the rehabilitation
proceeding?

b.) Assuming the rehabilitation was done and the labor arbiter still refused to execute
the judgment, can he be cited in indirect contempt by the nlrc?
7.) X at the age of 50 went to retire in line with the company policy that if an employee
raches 50 and rendered service for at least 20 years, he may retire from service. The
company undertook to pay X the necessary monetary benefits but failed to do so. X
filed a case in the labor arbiter for said claim. Will the action prosper?

8.) In their CBA the employer and the union agree that the former will hire employee
provided the employee would join the union until termination of employment. Was this
clause in the cba valid? What will be the effect of this clause to future employees as
regards their right to religion and freedom to join association of their own choice?

9.) Suffering from serious losses, a company closed its 2 sections. Later it decided to
close the entire business with the intention that it will resume operation once it gain
financial stability. Is this a case of closure or retrenchment? Are the employees affected
entitled to separation pay?

10.) X was hired VP for a certain department earning a considerable amount of

compensation. His contract is renewed every year. After three years the board did not
renew his contract anymore. He filed an action for illegal dismissal. Will it prosper?

11.) Meron din pala subquestion dun sa isa sa mga problem na if there is "no strike,
no lockout" clause sa cba, then the union staged a strike, is the strike valid?