Philippine Bar review · Question

Practice question: Discipline of Employees

Multiple Choice Hard Jurisprudence

Practice question

Employer invokes an analogous cause for a voluntary act it considers similar to a listed just cause, but concedes the act is not expressly specified in any applicable company rule or policy. It says similarity alone settles the issue. Which is correct?
  1. Similarity automatically repeals the specification rule.
  2. The rule’s additional express-specification requirement remains unsatisfied.
  3. Every voluntary act is a dismissal cause.
  4. No company policy can ever matter.
  5. The employer may create the missing rule retrospectively by assertion.

Legal references

  • DOLE Department Order 147-15, Rule I-A Section 5.2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535

Answer this question in flashcards to review your response and continue practicing.