Philippine Bar review · Topic

Discipline of Employees

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Practice questions

  1. Under Section 5.2(g), may an act be treated as an analogous cause without being expressly specified in company rules, r…
  2. An isolated ordinary clerical mistake is proved not gross and not habitual. Employer invokes only the gross-and-habitua…
  3. An employee honestly misunderstands an instruction and the factfinder establishes no intentional wrongful or perverse r…
  4. Management alleges loss of confidence but the tribunal finds the allegation fabricated to disguise retaliation, not gen…
  5. Employer invokes an analogous cause for a voluntary act it considers similar to a listed just cause, but concedes the a…
  6. Explain why a general disciplinary prerogative does not establish gross-and-habitual neglect from any mistake.
  7. Distinguish genuine loss of confidence from a retaliatory pretext.
  8. State the cumulative requirements relevant to an analogous cause under Section 5.2(g).