2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 14

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XIV. Aleta Quiros was a faculty member of BM Institute, a private educational institution. She was hired on a year-to-year bsis under the probationary employment period provision of the Manual of Regulations for Private Schools. The terms and conditions of her engagement were defined under her renewable yearly contract.

For reasons of its own, BM Institute no longer wanted to continue with Aleta’s teaching sevices. Thus, after the contract for her second year expired, BM Institute advised Aleta that her contract would no longer be renewed. This advice prompted Aleta to file a complaint for illegal dismissal against BM Institute.

Will the complaint prosper? (1%)

(A) Yes, because no just or authorized cause existed for the termination of her probationary employment.

(B) Yes, because under the Labor Code, Aleta because a regular employee after 6 months and she may not only be dismissed for cause.

(C) No, because there was no dismissal to speak of. Her employment was automatically terminated upon the expiration of her year-to-year fixed term employment.

(D) No, because BM Institute may dismiss its faculty members at will in the exercise of academic freedom.

(E) No, because Aleta was still on probationary employment.

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