LSaF

Question

Labor

Doug was employed by ABC Builders, Inc. (ABC) as a Business Development Manager to secure high-value commercial construction contracts. Exceptionally performing well, he received bonuses and commendation letters from Cate, his Country Manager, for landing a big contract. After landing the deal, he filed a grievance against Cate on unrelated operational policies. Weeks later, ABC decided to streamline its operations and reduce its workforce due to a significant drop on its revenues. ABC served a 30-day notice of termination on the ground of redundancy to Doug, and filed the same with the Department of Labor and Employment (DOLE), arguing that the task of soliciting construction projects could be absorbed back by the Country Manager. ABC also presented its organizational chart showing its streamlined structure, but did not provide objective feasibility studies, financial evaluations, or a fair selection criteria to justify Doug’s termination. Thereafter, Doug was paid his separation pay, but later filed his complaint for illegal dismissal.

Did ABC validly dismiss Doug? (Bar 2026 Syllabus)

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