Philippine Bar review · Question

Practice question: Productivity Standards

Multiple Choice Hard

Practice question

Management first seeks to dismiss a salesman for absences. After his satisfactory explanation, it switches to an alleged quota failure; it cannot prove delivery of the quota warning, and its own manager says the experimental sales cannot yet be quantified. Under Aliling, are numbers asserted in litigation enough?
  1. No; the employer must establish the genuine valid performance ground and applicable procedural safeguards
  2. Yes; an asserted number conclusively proves just cause
  3. Yes; switching reasons cures evidentiary gaps
  4. Yes; an undelivered memo conclusively proves notice
  5. Yes; internal doubts are legally irrelevant in every case

Legal references

  • Aliling v. Feliciano, GR 185829, April 25, 2012, main decision: https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html

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