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Labor Law

25 Apr

A Pawnshop Manager who Brought Outsider during Pull Out of “Rematado” Items held Liable for Loss of Trust

P.J. Lhuillier, Inc. (PJLI), the owner and operator of the “Cebuana Lhuillier” chain of pawnshops, Hector Oriel Cimagala Camacho (Camacho) as Area Operations Manager (AOM) for Area 213, covering the province of Pangasinan. Camacho was assigned to administer and oversee the operations of PJLI’s pawnshop branches in the area. Regional Manager Vizcarra received several text messages from some personnel assigned in Area 213, reporting that Camacho brought along an unauthorized person, a non-employee, during the QTP operation (pull-out of “rematado” [...]

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24 Apr

Parties Cannot Evade the Application of Labor Laws by mere Expedient of a Contract

Lapastora and Ubalubao alleged that they worked as room attendants of Olympic Housing, Inc. (OHI), the entity engaged in the management of Olympia Executive Residences (OER) from March 1995 and June 1997, respectively, until they were placed on floating status on February 24, 2000, through a memorandum sent by Fast Manpower. They alleged that they were directly hired by the company and received salaries from its operations clerk. They also claimed that OHI exercised control over them as they were [...]

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23 Apr

THE USE OF COMPANY’S TIME AND PREMISES FOR GAMBLING ACTIVITIES IS A GRAVE OFFENSE WHICH AMOUNTS TO THEFT OF THE COMPANY’S TIME

Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. Francisco, Elmer C. Saromines and Samuel D. Coronel (Complainants) were employed by Universal Canning Universal Canning on various capacities. Complainants were caught by Universal Canning company’s Purchasing Officer, Falconieri Almazan, playing cards at the company’s premises during working hours. The incident was immediately reported by Almazan to the Personnel Officer, Ma. Lourdes Losaria, who immediately conducted an investigation to determine the names and of those who were involved in the gambling activities. On [...]

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22 Apr

Burden of Proof in Dispute Over Resignation Letter

Teodora F. Campo (Campo) claimed that she worked for Silvertex Weaving Corporaton (SILVERTEX) as a weaving machine operator. Prior to her dismissal, she was suspended for one   week after a stitching machine that she was operating overheated and emitted smoke on.   When she tried to report back to work, she was denied entry by the SILVERTEX’s security guard, reportedly upon the instructions of Arcenal. For their defense, the Silvertex Weaving Corporation (Silvertex) argued that Campo voluntarily resigned from SILVERTEX after [...]

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20 Apr

The Activities of Project Employees may or may not be Usually Necessary or Desirable in the Usual Business or Trade of the Employer

Fortunato B. Ando, Jr. (Ando) filed a complaint against E. Ganzon, Inc. (EGI) and its President, Eulalio Ganzon, for illegal dismissal and money claims. Ando alleged that he was a regular employee working as a finishing carpenter in the construction business of EGI. He said that he was repeatedly hired from January 21, 2010 until April 30, 2011 when he was terminated without prior notice and hearing. EGI countered that, as proven by the three (3) project employment contracts, Ando was [...]

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19 Apr

Employment Records must be Maintained in the Office where Employees are Assigned

Quebral, et al., alleged that Angbus employed them as construction workers on various dates from 2008 to 2011. They claimed to be regular employees since they were engaged to perform tasks which are necessary and desirable to the usual business of Angbus, and that they have rendered services to the latter’s construction business for several years already. They were, however, summarily dismissed from work on June 28, 2012 and July 14, 2012 without any just or authorized cause and due [...]

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18 Apr

TRANSFERRING A WIFE TO HER HUSBAND’S OFFICE IS A MANAGEMENT PREROGATIVE

Martinez Memorial Colleges, Inc. (MMC) is a private educational institution. Mariano was MMC’s Assistant Cashier since April 15, 1976 and had been in service for 32 years. Part of her job was to accept payments and issue receipts and deposit slips to MMC students. On March 12, 2008, the Mariano went on a one month authorized leave of absence, as she and her husband Dario Mariano (Dario), Director for Finance of MMC, would be vacationing in the United States. When [...]

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17 Apr

LAPSE OF EIGHT YEARS IS CONSIDERABLE TIME TO SUPPORT THE GRANT OF SEPARATION PAY IN LIEU OF REINSTATEMENT

An illegally dismissed employee is entitled to two separate reliefs: full backwages and reinstatement. In such case where reinstatement is no longer an option, payment of separation pay is justified. The Court considers “considerable time,” which includes the lapse of eight years or more (from the filing of the complaint up to the resolution of the case) to support the grant of separation pay in lieu of reinstatement. Considering that about eight years had passed from the time that Sta. Ana [...]

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16 Apr

SATISFACTORY SERVICE REQUIREMENT FOR TEACHERS TO BECOME REGULAR CONNOTES SETTING OF REASONABLE STANDARDS

Petitioners complainants were hired by San Juan de Dios Educational Foundation, respondent college, for full-time teaching positions. The appointment of petitioner Fallarme was effective at the start of the semester of School Year (SY) 2003-2004 as signified by a memorandum issued by the school informing her that she had been hired. The memorandum did not specify whether she was being employed on a regular or a probationary status. Aside from being appointed to a faculty position, she was also appointed [...]

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14 Apr

Sales Commissions, Tax Rebates, or Profit Sharing may Form Part of the Employee’s Wage

The employee claims for payment of sales commissions, tax rebates, and profit sharing. The company denied contending that these are unfounded and without documentation and validation. The Supreme Court held that “Wage” paid to any employee shall mean the remuneration of earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis xxx. The aforesaid provision explicitly includes commissions as part of wages. Citing Iran v. NLRC, the Court held [...]

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