GabybG transcript 42:00-48:00

The letter clearly shows the reason for the employee's quitting from the Job, and
that is non payment of the salary of the employee for 3 months, so the employee
said he will give his letter of resignation. That can still be considered as constructive
dismissal in short the letter merely documented what made the employee quit the
Job. In that case the court considered it a case of constructive dismissal.

Q: What about abandonment?

A: In almost all cases if the employee did not receive a termination letter and the
employee files a case for illegal dismissal based on constructive dismissal, the
employer will say no we did not dismiss you, you abandoned the work. Because the
saw proof of actual termination, there is no letter. So the employer will say you have
abandoned the Job, no I quit because the Job became unbearable

Q: how do you prove abandonment?

A: There are 2 elements, that the court will look for that the employer should prove
1. Absence prolonged without reason
2. Overt act on part of the employee manifesting the intention not to return to work

Therefore a filing of an illegal dismissal complaint promptly after termination or

alleged constructive dismissal will as a GENERAL RULE, Negate the claim of
abandonment, so if the employee quit the Job today and than next week filed a case
for illegal dismissal, that filing of an illegal dismissal case will negate a claim of
abandonment because clearly you can no longer prove the 2nd element because the
2nd element will require a manifestation of an intent not to go back to work but
becuase the employee filed an illegal dismissal case that clearly is a manifestation
that the employee was fighting for the Job and that is the reason why the employeee
filed the illegal dismissal complaint, that is the GENERAL RULE.

EXCEPTION
The court said if the employee filed an illegal dismissal complaint but did not ask for
reinstatement therefore that indicates that the employee did not in intend to go back.

GR: The immediate filing of an illegal dismissal complaint negates the employer's
claim of abandonment, the filing of the illegal dismissal complaint will show that the
employee intents to go back to work

E: When the employee files an illegal dismissal complaint but did not ask for
reinstatement

Q: What about termination due to violation of a union security clause, An employee

was terminated, was expelled by the Union from membership and than terminated
by the employer, will the procedural requirements apply?
A: YES
The employer must still give the employee the due notices and the opportunity to be
heard except that in this case what the employer should look into is
1. whether the employee is indeed terminated because of the proper application of
the Union security clause and
2. whether the employee was given the opportunity to be heard within the procedure
adopted by the union or pursuant to the Union's by-laws.

The employer will not require the employee to explain why he or she committed acts
of disloyalty against the union, that is not the inquiry to be done by the employer, the
employer will inquire into the proper application of the union security clause and the
union's compliance with the policy or with the procedure stated in its by-laws for the
expulsion of an employee concerned.

What is the procedure for termination due to authorized causes? here you need a
1. Notice, aspect and a separate pay aspect

The notice requires individual notices to the employee to be terminated and a notice
to the department of labor employing the department of the termination and giving
the list of employees covered to be terminated due to authorized causes. In addition
to that there has to be payment of separation pay,
Q:how much separation pay?
A. it depends on the cause if the requirement is applicable for all