Labor Relations

2nd S, 202021
Tuesday Class
Atty. Paciano F. Fallar Jr.
SSCR-CoL
Mid-terms Exams
Instructions:

1. Answer on a separate word file

2. Write your name ( surname first) (eg. Fallar, PFJ )

3. Do not repeat the questions. Just answer.

4. Answer in only 1-3 short sentences.

5. Write you name in the file name of your answer (e.g. Fallar, PFJ Lab Stan Mdtrm)

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Bar Questions (with some altered facts)

and 'bar-inspired" questions

1. Atty. Haggar, a senior associate at a law firm, was promoted as Junior Partner. But just three (3) months later, he
was accused by her secretary of sexual harassment. The complained acts were recorded by authenticated video
footage from the CCTV installed in the law firm's office premises. The partners, after allowing Atty. Haggar the
opportunity to give his side , ousted him from the firm. Atty. Haggar then filed with the Labor Arbiter a complaint
for illegal dismissal case with claims for damages against the firm. Will the case prosper? Reasons.

2. Dom Martin, a Benedictine brother, taught Church History at the Jesuit-run Loyola School of Theology for 20
years. Upon reaching the age of 60, the school retired him and no longer gave him teaching load. Dom Martin, who
was still passionate about teaching, objected to his retirement on the ground that 65 is the mandatory retirement age.
When the school would not reconsider its decision, he filed a complaint for illegal dismissal with the Labor Arbiter.
The school filed a Motion to Dismiss, contending that the case involves ecclesiastical affairs since Dom Martin
belongs to the Catholic Church to which the school is also an adherent. You are the Labor Arbiter. How would you
rule on the motion?

3 Rurik, an American citizen whose grandparents migrated to the U.S. from the Philippines during Martial Law ,
was hired by JP Morgan in New York as its Country Manager of JP Morgan’s operations in Taguig City. Rurik's
employment contract did not specify a period for his stay in the Philippines. After three (3) years of working in the
Philippines, Rukik was recalled to New York to take up the position of Director of International Call Center
Operations. However, because of certain "family reasons," Rurik advised JP Morgan of his preference to stay in the
Philippines. He was dismissed by the company for insubordination. Rurik seeks your legal advice on whether he
can file a case for illegal dismissal with the Labor Arbiter. What would be your advice?

4. Arius, a probationary employee, was terminated for failure to qualify for the position. The
notice on non-regularization, which included the attached performance evaluation, was
relayed to Arius a day after the completion of the probationary period. Arius filed a
complaint for illegal dismissal , on the ground that the company did not conduct a proper
evaluation of his performance and that he was not allowed to contest the evaluation result.
The company contended that the performance evaluation was properly conducted, and must
be respected by the labor tribunals. You are the Labor Arbiter. How would you rule on the
complaint?

5. Orange Company imposes a one-year probationary period for its outbound customer service assistants. This is
explicitly stipulated in the employment contracts. Chloe, , on her 10th month of probation, was terminated by mere
written notice for unsatisfactory performance/failure to qualify as a regular employee. She sued for illegal dismissal,
arguing that since she had exceeded six (6) months of probation, she could no longer be dismissed for poor
performance but only for just or authorized cause and only after compliance with due process. Is her contention
correct?

6. Anja is a volleyball trainer and coach with a decade-long experience in her field. Before the start of the UAAP
volleyball season she was hired by a University for the sole purpose of overseeing the training and coaching of the
University’s men's volleyball team. During the hiring process , the Vice-President for Sports expressed to Anja the
University’s expectation that she would bring the University a championship at the end of the volleyball season.
You are the counsel for the University. What contract of employment would you advise the University to offer to
Anja, keeping in mind the University's main interest that it is given the widest possible legal cover against potential
claim for illegal dismissal.

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7. Don Segestes, a widower, lived alone in a house with a large garden. One day, he noticed that the plants and the
bermuda grass in his garden needed trimming. He remembered that Adolfus, a 14-year old out-of-school youth, had
contacted him in church the other day looking for odd jobs. He contacted Adolfus, who immediately this attended to
the garden and finished the job in three days using the tools provided by Don Segestes. Don Segested paid Adolfus
P1,500.00 for the job. Is there an employer-employee relationship between Don Segestes and Adolfus?

8. Moderno Disenyo Inc. was engaged by the PNCC to supervise the construction of the SLEX Extension. The
project was estimated to be competed in three (3) years. Moderno Disenyo hired Guilles as a driver for two (2)
years. After his two-year contract expired, he was given another contract for 10 months. Thereafter, he was no
longer given another contract even if the project was not yet completed. Guilles, claiming that he is a regular
employee who could only be dismissed for lawful cause, filed a complaint for illegal dismissal. Moderno Disenyo
argued that the fixed term contract simply expired, and there is legally no termination at all. As an alternative
defense, Moderno Disenyo contended that Guilles wash hired in connection with the SLEX Extension Project and,
at most, enjoy tenure only for the duration of the project which would end in two (2) months' time. Therefore , it
argued that that at most Guilles demand back wages for two (2) months only but without right to reinstatement
since the project is winding down You are the Labor Arbiter. You are inclined to favor Guilles. How would you
refute the company's arguments?

9. Matthias, a 60-year old employer, asked his domestic helper, Ida, to give him a private massage. When Ida
refused, Matthias showed her Article 141 of the Labor Code, which says that one of the duties of a domestic helper
is to minister to the employer’s personal comfort and convenience. Is Ida’s refusal justified? Explain.
10. Chups Candy Inc. maintains two (2) sets of production employees: those it directly hires, and considered
regulars, and those supplied by Alpha Placement Agency which it considered agency personnel. The regulars are
paid salaries by Chups, while the agency personnel are paid by Alpha Placement . The regulars, besides being paid
higher salaries, also enjoy mor benefits like 14th month pay and additional leave credits which are not granted to
the agency personnel. After working there for more than two (2) years under the factory manager’s supervision, the
agency personnel sent a written petition to Chups Candy demanding that it extend to them the same employment
benefits that the regulars enjoy. Is their demand to Chups Candy proper? PFFALLARJRMARCH2021