Practice question
An employee proves illegal dismissal but supplies no facts establishing anti-organizational interference, gross economic CBA refusal or any other employer ULP. The employee claims illegality of dismissal alone conclusively proves ULP. What distinction is necessary?
- Every illegal dismissal is necessarily ULP
- Illegal dismissal and ULP have distinct requirements; one does not automatically prove the other
- No illegally dismissed employee may ever prove ULP
- ULP can never involve dismissal
- Dismissal law abolishes the statutory ULP elements
Legal references
- Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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