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EXERCISES

FEBRUARY 28, 2018

1. Daniel, who was assigned as the company branch accountant in Davao where his family also lives, was
dismissed by Kapoy Incorporated after anomalies in the company’s accounts were discovered in branch.
Daniel filed a complaint for illegal dismissal and was ordered reinstated with full backwages after the
Labor Arbiter found that Daniel had been denied due process because no investigation actually took
place.

Kapoy Incorporated reinstated Daniel but it advised him to report to the main company office in Makati
where he would be reinstated. Daniel refused to comply with his new assignment because Makati is very
far and he cannot bring his family to live with him due to the higher cost of living in Makati. The
company terminated Daniel since he refused to comply with his new reassignment and such act is
tantamount to disobedience on Daniel’s part. Meanwhile, Daniel argues that he was constructively
dismissed. Is Daniel constructively dismissed in this case?

2. Chiquito is a carpenter hired by Karpinteros Builders Incorporated. Chiquito was assigned to build a
small house in Matina. His contract of employment specifically stated therein that he is a project
employee.

a. is the completion of the house a valid cause for terminating Chiquito’s employment?

b. what are the due process requirements that Karpinteros Builders Incorporated must satisfy? If not,
why not?

3. Minnie was hired by Pines Hotel as chambermaid only for the Christmas season in the year 2015.
Subsequently, Minnie was hired again as in 2016 for the same period she was hired last time. In 2017,
when Minnie came back for work, she was not allowed by Pines Hotel to go back. Minnie filed an illegal
dismissal case. She argued that Pines Hotel cannot dismiss her since she has already become regular. Is
Minnie correct?