JurisAtlas

HomeBar Review2018Labor LawQuestion XIII

Question XIII

2018 Bar · Labor Law · 2 sub-questions

XIII. Nicodemus was employed as a computer programmer by Network Corporation, a telecommunications firm. He has been coming to work in shorts and sneakers, in violation of the "prescribed uniform policy" based on company rules and regulations. The company human resources manager wrote him a letter, giving him 10 days to comply with the company uniform policy. Nicodemus asserted that wearing shorts and sneakers made him more productive, and cited his above-average output. When he came to work still in violation of the uniform policy, the company sent him a letter of termination of employment. Nicodemus filed an illegal dismissal case. The Labor Arbiter ruled in favor of Nicodemus and ordered his reinstatement with backwages. Network Corporation, however, refused to reinstate him. The NLRC 1st Division sustained the Labor Arbiter's judgment. Network Corporation still refused to reinstate Nicodemus. Eventually, the Court of Appeals reversed the decision of the NLRC and ruled that the dismissal was valid. Despite the reversal, Nicodemus still filed. a motion for execution with respect to his accrued backwages.
(a)(a) Were there valid legal grounds to dismiss Nicodemus from his employment? (2.5%)
(b)(b) Should Nicodemus' motion for execution be granted? (2.5%)

Model answer · ALAC

Answer — Legal basis — Application — Conclusion.

AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.

Sign in free to read Question I of every Labor Law year — subscribe to unlock all model answers & authorities.

Sign in or register — it's freeHave an access code? Redeem it →