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JURISTS BAR REVIEW CENTER™ LABOR LAW MOCK BAR EXAM 02 October 2021 This mock bar examination consists of 20 essay questions in 5 pages. Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises. A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your answer. 1 Due to the current COVID pandemic, PQR Corp. temporarily suspended its operations with the approval of the DOLE from April 2020 to November 2020. In January 2021, Abe, one of the machine operators, filed a case for constructive dismissal alleging among others that the law allows the employer only to put the employees on a floating status for a period not exceeding six months; thus, he and his co-workers should have been recalled back to work or in the alternative paid the corresponding separation pay. For its part, the employer contended that the DOLE has allowed it to suspend operations beyond six months due to the ongoing Covid crisis. If you were the Labor Arbiter, how would you resolve the case? 2 Sonny, upon reaching the age of 60 years, availed of the early retirement package of his employer. He talked to the personnel manager, who agreed. The necessary papers were drawn up, and Sonny was paid retirement benefits equivalent to 20 days of his last basic salary for every year of service. Sonny enjoyed post-retirement life for about four years, until his retirement benefits were exhausted. After talking to a lawyer, he learned that the retirement pay is equivalent to 22.5 days for every year of service. Expecting to get more from his employer, Sonny filed a complaint for recovery of the deficiency of his retirement pay. Will Danny’s case prosper? 3 The St. Patrick Academy Teachers and Employees Union filed an application for Jurists Labor Law Mock Bar Examination. © 2021 by Jurists Review Center Inc. Copying, dissemination, storage, use, modification, uploading, and downloading without the express written consent of Jurists Review Center Inc. is strictly prohibited and shall be subjected to criminal prosecution

and administrative charges, including the appropriate complaint with the Bar Confidant’s Office and IBP. Page 1 of 5

registration with the DOLE Regional Office as a legitimate independent labor organization composed of vice-principals, department heads, coordinators, teachers, and non-teaching personnel of St. Patrick Academy. The school opposed the application for registration on the grounds that teachers and personnel of sectarian and non-profit, non-stock corporations are not supposed to unionize and that the union is a merger of employees who do not belong to the same bargaining unit. The DOLE Regional Office granted the application for registration of the union over the vehement objection of the school. Is the decision of the DOLE Regional Office tenable under the law? 4 Faye, a sales assistant, is one of the 15 workers regularly employed by PharmLee Convenience Store. When the NCR was put under ECQ due to the pandemic from April 1, 2020 to June 30, 2020, Faye did not report for work because the Store temporarily suspended its operation during the said period. The Store did not pay any compensation to all the employees contending that the “no work, no pay policy” shall apply. Is the Store correct? 5 Cris filed a case for illegal dismissal against PBT Corporation. The Labor Arbiter found that Cris was illegally dismissed and ordered his immediate reinstatement with full backwages and without loss of seniority and other benefits. PBT Corporation. did not like to allow him back in its premises to prevent him from influencing his co-workers to file cases against the company and instead reinstated him in payroll while it appealed to the NLRC. A few months later, the NLRC reversed the ruling of the Labor Arbiter and declared that Cris’ dismissal was valid. The reversal ultimately became final. May PBT Corporation recover the backwages and other benefits paid to Cris pursuant to the decision of the Labor Arbiter in view of the reversal by the NLRC? 6 Feliza, a solo parent is teaching Grade VI pupils in St. Paul Academy, a sectarian school which maintains a high standard of values and moral uprightness. She applied for maternity leave but the employer required her to present proof of her child’s legitimacy; otherwise, the application will be denied. Feliza comes to you for advice. What would be your advice? 7 After getting an unfavorable decision from the voluntary arbitrator, the management of PDP Corp. filed a petition for certiorari to set aside the decision with the Court of Appeals, alleging grave abuse of discretion amounting to lack of or excess of jurisdiction on the part of the voluntary arbitrator. The Court of Appeals dismissed the petition for being an improper remedy. Was the dismissal correct?

Jurists Labor Law Mock Bar Examination. © 2021 by Jurists Review Center Inc. Copying, dissemination, storage, use, modification, uploading, and downloading without the express written consent of Jurists Review Center Inc. is strictly prohibited and shall be subjected to criminal prosecution and administrative charges, including the appropriate complaint with the Bar Confidant’s Office and IBP.

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8 Giving in to the demands of various labor federations, the Regional Tripartite Wages and Productivity Board (RTWPB) for the National Capital Region issued a Wage Order granting an across-the-board wage increase of P100 per day for all employees in Metro Manila. Is the Wage Order valid? 9 For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. Their employment contract was for five months. The bank terminated their employment on the ground that their contract has expired prompting the handicapped workers to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? 10 A group of employees in HHO Factory belonging to a religious sect, in conformity with the teachings and dictates of their religion, refused to join the labor union in the factory. The labor union was able to negotiate a substantial wage increase in its collective bargaining agreement with the management. A provision in the CBA stated that the wage increase would be paid only to the members of the union in view of the “closed shop” union security clause in the new agreement. The members of the sect protested and demanded that the wage increase be extended to them. The officers of the union countered by demanding the termination of their employment with the company pursuant to the “closed shop” provision in the CBA. a) Is the CBA provision valid? b) Should the company comply with the union’s demand of terminating the members of the religious sect? 11 CJDDAM Industrial Corporation has been in business for more than 40 years. But due to business losses and financial reverses during the last five years, it decided to close the business. a) Is the closure allowed by law? As counsel for the corporation, what steps will you take prior to its closure in relation to employer–employee relationship? b) Are the employees entitled to separation pay? If yes, how much? 12 Nena is working as a kasambahay for about 18 months with her current employer. When her mother was hospitalized, Nena asked her employer to allow her to visit and take care of her mother. Her employer agreed on condition that her salaries would be deducted corresponding to the number of days that she would be absent. Is the employer correct? 13

Jurists Labor Law Mock Bar Examination. © 2021 by Jurists Review Center Inc. Copying, dissemination, storage, use, modification, uploading, and downloading without the express written consent of Jurists Review Center Inc. is strictly prohibited and shall be subjected to criminal prosecution and administrative charges, including the appropriate complaint with the Bar Confidant’s Office and IBP....