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    This document contains a midterm quiz for the subject BLAW103 - Law on Sales, Agency, Labor and Other Commercial Laws. The quiz has two essay questions asking about cases related to employment law. The first question asks about an employee, Tamara, who was terminated for willful disobedience of company rules, despite having permission from his supervisor to deviate from the rules previously. The student answers that the dismissal was proper because Tamara knew the acts were against the rules. The second question asks about an employee, Paray, who was dismissed for being AWOL for 8 months after being wrongfully incarcerated. The student answers that Paray cannot force his employer to pay back wages due to

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    This document contains a midterm quiz for the subject BLAW103 - Law on Sales, Agency, Labor and Other Commercial Laws. The quiz has two essay questions asking about cases related to employment law. The first question asks about an employee, Tamara, who was terminated for willful disobedience of company rules, despite having permission from his supervisor to deviate from the rules previously. The student answers that the dismissal was proper because Tamara knew the acts were against the rules. The second question asks about an employee, Paray, who was dismissed for being AWOL for 8 months after being wrongfully incarcerated. The student answers that Paray cannot force his employer to pay back wages due to

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    5 views2 pages

    Untitled Document

    Uploaded by

    Kenneth John Tomas
    This document contains a midterm quiz for the subject BLAW103 - Law on Sales, Agency, Labor and Other Commercial Laws. The quiz has two essay questions asking about cases related to employment law. The first question asks about an employee, Tamara, who was terminated for willful disobedience of company rules, despite having permission from his supervisor to deviate from the rules previously. The student answers that the dismissal was proper because Tamara knew the acts were against the rules. The second question asks about an employee, Paray, who was dismissed for being AWOL for 8 months after being wrongfully incarcerated. The student answers that Paray cannot force his employer to pay back wages due to

    Copyright:

    © All Rights Reserved
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    of 2

    ICCT Colleges Foundation Inc.

    V.V Soliven Ave. II, Cainta, Rizal


    College of Business and Accountancy

    BLAW103 - LAW ON SALES, AGENCY, LABOR AND OTHER COMMERCIAL LAWS


    Midterm Quiz
    March 08, 2020

    Mabag, Mailet A.
    Name: _____________________________________________ Section: _E45_ Score: ____________

    INSTRUCTIONS: NO ERASURE ALLOWED. ERASABLE PEN/PENCIL IS ALSO NOT


    ALLOWED. USE EITHER BLUE OR BLACK BALLPEN.

    PART I. ESSAY. Write your answer legibly and in good form in the blank provided. Support your
    answer with legal basis. (15 points each)

    1. Tamara was employed by VMall. He was assigned to perform the duties of a salesman. In many
    instances, it was shown that he deviated from certain company rules with the consent of his
    supervisor. Due to the several complaints against him, his service was terminated for loss of trust
    and confidence on the ground of willful disobedience. Thus, Tamara filed for illegal dismissal. Was
    the dismissal of Tamara proper?

    ● The supervisor is also liable because he was the one who allowed
    Tamara to do that act, therefore, if Tamara will get dismissed from
    work, the supervisor should be dismissed too. And it is just right for
    Tamara to get dismissed because she knows that what she's doing is
    against the company's rules but she still chose to do it.
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    _________

    2. Paray was dismissed from employment for having been absent without leave (AWOL) for eight (8)
    months, it turned out that the reason for his absence was his incarceration after he was mistaken as
    the hostage taker in Greenhills. Eventually acquitted and released from jail, Paray returned to his
    employer and demanded reinstatement and full backwages. Is Paray entitled to reinstatement and
    backwages?

    _________________________________________________Paray can't force


    his employer to give him his backwages because they have their own
    protocol when it comes to AWOL of their employees, but he can take
    charges against Greenhills management because of what happened that led
    him to that situation. The management of Greenhills will be the one liable
    to Paray and should pay him because its their fault that Paray got
    dismissed from work.
    ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________
    _______________________________________________________________
    Page 1 of 2
    ***END OF EXAMINATION***

    Page 2 of 2

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