Practice question
Managers deliberately strip an employee of accounts, alter performance records to pressure resignation, and publicly humiliate the employee. The tribunal finds constructive dismissal, conscious bad faith, mental anguish, and oppressive conduct on adequate evidence. Which analysis is proper?
- The separately established conduct and injury can support moral damages, and the wanton or oppressive manner can support exemplary damages under the governing rules.
- Constructive dismissal can never support damages.
- Only physical injury can support moral damages.
- Backwages categorically prohibit all additional damages.
- The employer’s conduct is irrelevant once dismissal is proved.
Legal references
- Bartolome v Toyota Quezon Avenue, G.R. No. 254465, April 3, 2024, damages, attorney’s fees and separation in lieu of reinstatement: https://lawphil.net/judjuris/juri2024/apr2024/gr_254465_2024.html
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 111.
- Civil Code, Articles 2208, 2217, 2219, 2229 and 2232: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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