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    Portuguez Vs GSIS Family Bank G.R. No. 169570 March 2, 2007 Facts

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    Rolan Klyde Kho Yap
    Petitioner filed a complaint against respondent bank and Macalino for constructive dismissal and underpayment of wages, 13th month pay and retirement benefits before the Labor Arbiter. Petitioner alleged that due to discrimination, unfair treatment, and intense pressure from the new management through Macalino, he felt forced to retire early. The court found that constructive dismissal does not always involve demotion or pay cuts, and can also result from discrimination, insensibility or disdain from an employer that makes the work environment unbearable and leaves the employee no choice but to resign. While demotion or pay cuts were not issues in this case, the court has previously ruled the acts of clear discrimination by an employer can constitute constructive dismissal.

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    Portuguez Vs GSIS Family Bank G.R. No. 169570 March 2, 2007 Facts

    Uploaded by

    Rolan Klyde Kho Yap
    51 views1 page
    Petitioner filed a complaint against respondent bank and Macalino for constructive dismissal and underpayment of wages, 13th month pay and retirement benefits before the Labor Arbiter. Petitioner alleged that due to discrimination, unfair treatment, and intense pressure from the new management through Macalino, he felt forced to retire early. The court found that constructive dismissal does not always involve demotion or pay cuts, and can also result from discrimination, insensibility or disdain from an employer that makes the work environment unbearable and leaves the employee no choice but to resign. While demotion or pay cuts were not issues in this case, the court has previously ruled the acts of clear discrimination by an employer can constitute constructive dismissal.

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    Petitioner filed a complaint against respondent bank and Macalino for constructive dismissal and underpayment of wages, 13th month pay and retirement benefits before the Labor Arbiter. Petitioner alleged that due to discrimination, unfair treatment, and intense pressure from the new management through Macalino, he felt forced to retire early. The court found that constructive dismissal does not always involve demotion or pay cuts, and can also result from discrimination, insensibility or disdain from an employer that makes the work environment unbearable and leaves the employee no choice but to resign. While demotion or pay cuts were not issues in this case, the court has previously ruled the acts of clear discrimination by an employer can constitute constructive dismissal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views1 page

    Portuguez Vs GSIS Family Bank G.R. No. 169570 March 2, 2007 Facts

    Uploaded by

    Rolan Klyde Kho Yap
    Petitioner filed a complaint against respondent bank and Macalino for constructive dismissal and underpayment of wages, 13th month pay and retirement benefits before the Labor Arbiter. Petitioner alleged that due to discrimination, unfair treatment, and intense pressure from the new management through Macalino, he felt forced to retire early. The court found that constructive dismissal does not always involve demotion or pay cuts, and can also result from discrimination, insensibility or disdain from an employer that makes the work environment unbearable and leaves the employee no choice but to resign. While demotion or pay cuts were not issues in this case, the court has previously ruled the acts of clear discrimination by an employer can constitute constructive dismissal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Portuguez vs GSIS Family Bank

    G.R. No. 169570


    March 2, 2007

    Facts:

    petitioner filed a complaint against the respondent bank and Macalino for
    constructive dismissal and underpayment of wages, 13th month pay and
    retirement benefits before the Labor Arbiter.[11] In his Position Paper,[12] petitioner
    alleged that due to discrimination, unfair treatment, and intense pressure he had
    received from the new management through Macalino, he was forced to retire at
    the prime of his life.

    Issue:

    Decision:
    Constructive dismissal or constructive discharge has been defined as quitting
    because continued employment is rendered impossible, unreasonable or unlikely,
    as an offer involving a demotion in rank and a diminution in pay. [30] In the case at
    bar, a demotion in rank or diminution in pay was never raised as an issue. Settled
    then is the fact that petitioner suffered no demotion in rank or diminution in pay
    that could give rise to a cause of action against respondent bank for constructive
    dismissal under this definition.

    Worthy to stress, however, is that constructive dismissal does not always take the
    form of demotion in rank or diminution in pay. In several cases, we have ruled that
    the act of a clear discrimination, insensibility or disdain by an employer may
    become so unbearable on the part of the employee so as to foreclose any choice on
    his part except to resign from such employment.[31]

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