CASE STUDIES
Unfair dismissal
Mr. Jefferson Natividad, a staff at ABC Corp., is facing a disciplinary hearing following a work email he
sent, which was deemed seriously offensive to people of the Islamic faith. ABC Corp. did have policies in
place that prohibited such conduct by employees.
Case Facts:
• Mr. Natividad is 65 years old.
• ABC Corp. has yet to issue written warnings to Mr. Natividad.
Question:
• If you are Mr. Natividad’s employer, will you dismiss him immediately from service? Why or why
not?
Answer: If I were Mr. Natividad’s employer, I will not dismiss him immediately . Under Philippine
Labor Law, termination requires due process, including a proper investigation and an opportunity
for the employee to explain. Issue a Notice to Explain (NTE) and conduct a disciplinary hearing. If
I found him guilty, I will impose proportional sanctions, such as suspension or mandatory
sensitivity training, considering his clean record. Immediate dismissal without written warnings
or procedural due process would violate the Labor Code’s requirements for just and lawful
termination.
Workplace Bullying
An employee developed a psychiatric condition following persistent bullying due to her being promoted
to management in a restructuring move by her employer.
The worker did not receive any management training before she was appointed team leader, and there
was widespread bitterness in the team about removing the previous team leader. Several team members
reportedly engaged in increasingly hostile behavior towards the new team leader, including spreading
rumors, disobeying requests, making offensive comments, being rude, and failing to help the team
leader when she was very busy and required assistance.
The team members then convened a meeting (to which the bullied employee was not invited), where a
document listing complaints about the new team leader was drafted and given to the team leader’s
manager.
Question:
• As the workplace manager, how will you handle the bullying situation?
Answer: As the manager, I believe immediate intervention is necessary. I will begin by addressing the
team to reiterate company policies against bullying. I will provide counseling and management training
to the promoted employee to help build her leadership skills. I will conduct an investigation into the
complaints and take disciplinary actions against any employees found engaging in bullying. To rebuild
trust and improve morale, I will facilitate team-building activities. I will also use mediation to resolve
grievances and foster cooperation within the team.
Unjust Work Hours
Ms. Rosales is working for a business process outsourcing (BPO) company. Her work hours are from 8:00
PM to 8:00 AM the following day, with a meal-lunch period of 30 minutes. Ms. Rosales is about to
complain to the Department of Labor and Employment (DOLE) as she believes this violates the labor
code, provided that she is not compensated for overtime work.
The BPO company told Ms. Rosales to tender her resignation if she disagreed with company regulations.
The company also emphasized that emergency overtime work should not be compensated based on the
law.
Case Facts:
• Ms. Rosales is a college graduate.
• She is under a project employment type of contract with the BPO.
Requirement:
• Taking the role of DOLE, what advice will you give to the BPO Company?
Answer: The advice I will give to the BPO company is to comply with Philippine labor laws. Ms. Rosales’
work hours violate Article 83 of the Labor Code, which limits regular work hours to 8 per day. Overtime
work beyond 8 hours must be compensated according to Article 87, and meal periods must be at least 1
hour under Article 85. Emergency overtime, while exempt from prior notice, is still compensable. I will
recommend that the company revise its policies to align with these legal provisions and refrain from
pressuring employees to resign, as this could result in claims of constructive dismissal.
Reference:
Department of Labor and Employment (DOLE). (2023). Handbook on workers’ statutory monetary
benefits. Retrieved from [Link]
Department of Labor and Employment (DOLE). (2020). Department Order No. 209, Series of 2020:
Guidelines for implementing mental health policies in the workplace. Retrieved from
[Link]
Philippine Congress. (1974). Presidential Decree No. 442: Labor Code of the Philippines. Retrieved from
[Link]
Philippine Supreme Court. (2004). Agabon v. NLRC (G.R. No. 158693). Retrieved from
[Link]
Republic of the Philippines. (2018). Republic Act No. 11058: Occupational Safety and Health Standards
Act. Retrieved from [Link]
Department of Labor and Employment (DOLE). (n.d.). Guidelines on workplace harassment and bullying.
Retrieved from [Link]
