Labor2 Samplex Midterms

Labor Relations Samplex
1.Jurisdiction of LA/Attorney’s fees
4pts? I would grant the motion to dismiss. Under the law, interpretation and implementation of
company personnel policies must be submitted to grievance machineries for voluntary
settlement of the dispute. Grievances over the implementation and interpretation of company
policies not voluntarily settles is vested under the jurisdiction of voluntary arbitrators. Hence, the
Labor Arbiter has no jurisdiction.
6pts No. Attorney’s fees are paid to a member of the Bar in order to compensate his services
as counsel. In this case, considering that Carlo’s friend is still a law student and not yet a member
of the PH ba, he is not liable to pay attorney’s fees.
2. Perfection of Appeal
5pts No, the appeal is note perfected. There are requisites to be met in perfecting an appeal.
First is that it must be filed with the reglementary period. Second, the memorandum of appeal
must be made under oath; third, posting of cash or surety bond if it involves monetary award;
fourth, payment of appeal fee; fifth, proof of service to the adverse party. In the given case, in
lieu of the motion to reduce the bond, the appellant must post a reasonable bond in order to
perfect the appeal.
3. Reinstatement executory pending appeal

10pts No, the employer cannot refuse to reinstate the employee even if there is a perfected
appeal. Under the law, Labor Arbiter’s order for reinstatement is immediately executor. This is
true even if there is a notice of appeal. In that sense, the employer has the option to reinstate
the employee physically and be allow to work or to reinstate the employee in the payroll.
4. Requisites of Injunction
6pts No injuction shall be issued unless there is a written statement of the witnesses,
accompanied by a right to cross-examine and production of evidence, submission of an
opposition thereto if any and upon finding of facet by the Commission.
Such finding of facts includes the actual or threat to commit unlawful practices
prohibited by the Code, that such acts will cause grave or irreparable damage to the party if
not restrained or enjoined, that denial of the relief would result to greater injury and that there
are no other legal remedies available.
5. Jurisdiction over money claims

10pts If the monetary claim is accompanied by a claim for reinstatement, the Labor Arbiter has
the jurisdiction over the case. If no claim for reinstatement, the Regional Director of DOLE has the
jurisdiction if the aggregate amount does not exceed P5,000.
If the aggregate amount of the monetary claims exceeds P5,000, the Labor Arbiter has
the jurisdiction, this is true even if there is a claim for reinstatement or not. On the other hand, if
the aggregate amount does not exceed P5,000. The Regional Director has the jurisdiction.
The Labor Arbiter has the jurisdiction over many claims of OFWs including damages
arising from the contract or law. The Regional Director of DOLE has no jurisdiction over that
matter.
6. Jurisdiction of LA vs RTC
10pts The ordinary courts has jurisdiction over the employees claim. Considering that it was a
Christmas party, such has no relation to labor and employment in applying the Labor Code. If
the basis of the claim is not the application of the Labor Code but of other laws such as the Civil
Code, except claims for damages arising from employer-employee relationship, the ordinary
courts has the jurisdiction over the matter.
7. Requirements of Unions and Federations/Grounds for Revocation

8pts The requirements for registration of an independent union and a federation are; the
name of the elected officers, their addresses and address of the organization, the copy of
constitution and by-laws including the minutes of its ratification and the name of the members
present, financial statements if the organization is existing for one year or more. In the case of
independent union, the name of the members of at least 20% of employees and their addresses.
The grounds for revocation are: misrepresentation or fraud in the election of officers,
misrepresentation or fraud in its constitution and by-laws, failure to submit financial statements,
voluntary dissolution of the majority members of the union, and other grounds provided by law.
1. Jurisdiction of LA(Termination)/Attorney’s Fees

10pts a) If I were the judge, I would not grant the Motion to Dismiss but instead proceed with the
case.
Generally, questions or disputes on company rules/regulations/policies are heard before
Voluntary Arbitrators. However, for the Voluntary Arbitrators to properly assume jurisdiction, the
employer-employee relationship must still be existing/subsisting. In this case, a termination of
employment has already been effected. Therefore, the LA property acquired jurisdiction over
the case for termination disputes is one of the subject matters under the LA’s jurisdiction.
6pts b) No, Carlo is not liable to pay attorney’s fees.
For him to be liable to pay such, it is necessary that an attorney-client relationship exists.
This presupposes membership in the Integrated Bar of the Philippines, which in turn requires that
the purported counsel be a bar exam passer and who has taken his oath. In this case, since his
counsel is still a law student, Carlos cannot be made to pay attorney’s fees.
2. Perfection of Appeal
5pts No, the appeal is not perfected.
Filing of motion to reduce bond shall only result in the perfection of appeal if the same is
made on meritorious grounds, and if the employer-appellant posted a bond of a reasonable
amount in relation to the monetary judgment awarded in the appealed decision.
In this case, since it cannot be shown that the motion to reduce bond was filed upon
meritorious grounds, nor was there a bond posted equivalent to reasonable amount, the appeal
is not perfected.
3. Reinstatement pending appeal

10pts No, the employer cannot refuse the employee’s reinstatement in spite of the perfection
of appeal.
It is a well-established rule that the perfection of an appeal shall stay the decision of the
Labor Arbiter, except insofar as the reinstatement of an employee is concerned. Reinstatement
is immediately executory and can be made in the form of payroll reinstatement if the employer
does not actually reinstate the employee to his position.
Should the employer refuse to effect reinstatement, he may be cited for contempt.
4. Requisites to issue injunction and ex-parte

10pts The NLRC has the power to issue injunction, if the following requisites are met:
*Insert requisites here
5. Jurisdiction of LA v RTC
10pts RTC has jurisdiction over this case.
Although a termination dispute is involved in this case, it cannot fail under the Labor
Arbiter’s jurisdiction for the complainant is a company Treasurer who is necessarily a member of
the company’s board of directors. When members of the board are involved, the dispute is
considered intra-corporate – a subject matter which is beyond the LA’s jurisdiction.
In view of the amendments transferring the jurisdiction over intra-corporate disputes form
the SEC to the regular courts, the case should be filed before the RTC which has original
jurisdiction over such.

Labor2 Samplex Midterms

Uploaded by

Copyright:

Available Formats

Labor2 Samplex Midterms

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Labor2 Samplex Midterms

Uploaded by

Copyright:

Available Formats

Labor Relations Samplex

1.Jurisdiction of LA/Attorney’s fees

3. Reinstatement executory pending appeal

5. Jurisdiction over money claims

7. Requirements of Unions and Federations/Grounds for Revocation

1. Jurisdiction of LA(Termination)/Attorney’s Fees

6pts b) No, Carlo is not liable to pay attorney’s fees.

3. Reinstatement pending appeal

4. Requisites to issue injunction and ex-parte

You might also like