JOSE Y. SONZA vs. ABS-CBN BROADCASTING CORPORATION [G.R. No. 138051. June 10, 2004] FIRST DIVISION CARPIO, J FACTS: In May 1994, ABS-CBN” signed an Agreement with the Mel and Jay Management and Development Corporation. ABS-CBN was represented by its corporate officers while MJMDC was represented by SONZA, as President and General Manager, and Carmela Tiangco , as EVP and Treasurer. Referred to in the Agreement as “AGENT,” MJMDC agreed to provide SONZA’s services exclusively to ABS-CBN as talent for radio and television. ABS-CBN agreed to pay for SONZA’s services a monthly talent fee of P310,000 for the first year and P317,000 for the second and third year of the Agreement. ABS-CBN would pay the talent fees on the 10th and 25th days …show more content…
Consulta failed to show that she worked definite hours. The amount of time, the methods and means, the management and maintenance of her sales division were left to her sound judgment. Finally, Pamana paid Consulta not for labor she performed but only for the results of her labor. Without results, Consulta’s labor was her own burden and loss. Her right to compensation, or to commission, depended on the tangible results of her work - whether she brought in paying recruits. The fact that the appointment required Consulta to solicit business exclusively for Pamana did not mean Pamana exercised control over the means and methods of Consulta’s work as the term control is understood in labor jurisprudence. Neither did it make Consulta an employee of Pamana. Pamana did not prohibit Consulta from engaging in any other business, or from being connected with any other company, for as long as the business or company did not compete with Pamana’s business. The exclusivity clause was a reasonable restriction to prevent similar acts prejudicial to Pamana’s business interest. Article 1306 of the Civil Code provides that “[t]he contracting parties may establish such stipulation, clauses, terms and conditions as they may deem convenient, provided that they are not contrary to law, morals, good customs, public order, or public policy. There being no employer-employee relationship between Pamana and Consulta, the
The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.
Facts: Ms. Rodman was an employee of Presbyterian Hospital for nearly eight years as a unit
Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain
Additionally, Section 8 proscribes federation fraudulent labor procedures, which include, in accordance to legal interpretation, failure to provide a reasonable representation to all participants of the bargaining constituent. (Office of the General Counsel, National Labor Relations Board, 1997)
Plaintiff claims false arrest and excessive force. Plaintiff claims he was trying to enter his apartment building when was stopped by Det. Selwyn Fonrose and ordered to get on the floor. Plaintiff states Det. Fonrose forcibly put him on the ground and hit with a police radio. Plaintiff states he was arrested and taken to the precinct, then the hospital where he received staples to his head.
In your grievance filed at Central Unit, you claim COIII Forman refused to provide you staff assistance to help you gather evidence for your pending disciplinary hearing. You are requesting that COIII Forman receive sanctions and retraining on being a Disciplinary Coordinator.
In your grievance filed at Central Unit, you claim ADC is denying you access to the courts by refusing to provide you with case law. Your resolution is to be provided with case law.
Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and
I think there is not AS MUCH child labor like before.But I think it’s because it would be child abusement and enslavement,therefore they could be charged with enslavement and child
However, assuming there is no certainty about Roman being paid to produce contracted result in providing voluntary services as he is willing to rendered assortments of services to unlimited types of patients, hence this test may fail. It is then required at least 80% of personal services income for the year is derived from only one client and client’s associates , so that personal services business determination can be conducted to further analyse whether Division 85 & 86 apply. If the 80% test fails, one out of three remaining tests must be considered. Particularly, if PSI is earned from at least two entities that are not related to taxpayer or related to each other, through public advertising or tendering, the unrelated clients test will be satisfied . Since Roman provided a range of services to various patients, 80% or more of his income is more likely derived from at least two unrelated entities in the income year, assuming offers and advertisements were made publicly. His income did not meet 80% test and satisfied unrelated clients test, consequently PSI rules in two divisions will not apply .
In the case of Elaine and Jerry employer legal issues including exceptions at-will employers' teachings and many different kinds of discrimination, they terminated in the plaintiff. Also it has a huge career opportunities, including Elaine look forward to the possibility of a great career opportunity. There are several problems in this case. Bearing in mind that the employer is an at-will employer; does the company need to give a reason for termination of employment? Whether there is sufficient evidence to prove that the plaintiff accused of discrimination? Is a valid contract labor contract or papers on the table?
After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co-operated in defeating the workers' protest action by
The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.
- employee for whom a day certain is agreed upon by yee-yer for commencement and termination of employment relationship