Philippine Bar review · Topic

Constructive Dismissal vs. Demotion

Explore Constructive Dismissal vs. Demotion in Termination or Suspension by Employer for the Philippine Bar. Browse subtopics and published practice…

Explore the syllabus

Direct subtopics

This topic has no further subtopics. Explore its practice questions below.

Put it into practice

Practice questions

  1. Which best describes demotion as explained in Del Villar?
  2. What test is used to assess whether employment conditions amount to constructive dismissal?
  3. Does unchanged basic salary conclusively rule out demotion or constructive dismissal?
  4. For a genuine operational need, an employee is moved to an equivalent post with unchanged rank, salary, benefits and me…
  5. After an employee reports proven wrongdoing, management retaliates by reducing the employee’s rank and established pay …
  6. A manager is made subordinate to an officer the manager reported for wrongdoing, stripped of meaningful functions and e…
  7. An employee voluntarily accepts another job, initiates resignation negotiations, receives a fair settlement with full u…
  8. Distinguish an equivalent transfer from a demotion. A manager’s basic salary remains unchanged, but management reduces …
  9. An employee claims constructive dismissal after a transfer. State the governing objective test, the role of proof and t…
  10. Management transfers an employee to an equivalent post for a proved operational need. Rank, established compensation an…
  11. Does Lagamayo treat an established just-cause termination as conceptually the same as constructive dismissal?
  12. Who initially establishes the fact of dismissal before the employer must justify it?