WILTSHIRE FILE CO., INC. VS.

NLRC
193 SCRA 665
FACTS:
• Ong was the Sales Manager of petitioner.
• Upon private respondent's return from a
business and pleasure trip abroad, he was
informed by the President of petitioner that
his services were being terminated upon the
ground of redundancy.
• ISSUE: Whether or not private respondent is
validly terminated?
HELD: YES, Ong was validly terminated.
• the letter informing private respondents of the
termination of his services though used the word
“redundant”;
• It means that the company have incurred financial
losses and compelled it to resort to retrenchment to
prevent further losses;
• Thus, in effect, retrenchment was necessary, which
in turn resulted in the redundancy of private
respondent's position.
Redundancy exists where the services of an
employee are in excess of what is reasonably
demanded by the actual requirements of the
enterprise.
ROYAL PLANT WORKERS UNION VS. COCA
COLA BOTTLERS PHILIPPINES, INC.
G.R. No. 198783
15 April 2013
FACTS:
• Bottlers were provided with chairs which they
can use during work hours;
• But the same were removed pursuant to a
national directive of the petitioner;
• Respondent averred that removal of the chairs
constitutes a violation of the occupational health
and safety standards, the policy of the state to
assure the right of workers to just and humane
conditions of work.
ISSUE: WON the removal of the chairs is valid
exercise of management prerogative?
HELD:
• YES. The Court held that management is free to
regulate, according to its own discretion and
judgment, all aspects of employment;
• But such is not absolute as it must be exercised in
good faith and with due regard to the rights of
labor;
• Here, the removal of the chairs by the Respondent
was done in good faith and was aimed only to
avoid instances of operators sleeping on the job
while in the performance of their duties.
Ymbong vs ABS-CBN
G.R. 184885
7 March 2012
FACTS:
• Ymbong worked at ABS-CBN as television talent;
• ABS-CBN issued a policy requiring resignation to those
who will run in the election;
• Ymbong run as councilor but lost the election;
• This however prompted ABSCBN to terminate the
services of Ymbong;
• Ymbong then filed for illegal dismissal;

ISSUE: WON Ymbong is validly dismissed?

HELD:
• ABS-CBN validly justified the implementation of the
Policy.
• It is well within its rights to ensure that it maintains its
objectivity and credibility and freeing itself from any
appearance of impartiality.
• Ymbong’s overt act of running for councilor is
tantamount to resignation on his part.
POLLO vs Chairperson David
GR 181881
18 October 2012
FACTS:
• Pursuant to a complaint, a memo was issued by
Respondent to back up all files in the computer of a
division of CSC;
• Draft pleadings of administrative cases was obtained in
the computer of Petitioner;
• Petitioner contended that it was illegally searched, thus,
inadmissible as evidence;
• CSC, nonetheless, dismissed petitioner for dishonesty.

ISSUE: WON the search was valid?

HELD: YES. The search was valid.
• The CSC issued a policy notifying its employees that they
have no of privacy in anything on the office computers and
may monitor the use of the computer resources using both
automated or human means.
• Moreso, a search by a government employer of an
employee’s office is justified at inception when there are
reasonable grounds for suspecting that it will turn up
evidence that the employee is guilty of work-related
misconduct
• Here, the files stored therein have yielded incriminating
evidence relevant to the investigation being conducted by
CSC of such misconduct subject of the complaint.