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Opinion

Many times employers have won their labor cases

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

It is entirely wrong to conclude that all labor cases are won by the workers.

In the case of Trifon Tomaodos versus San Miguel Yamamura Packaging Corporation (GR 241865, February 19, 2020), the Supreme Court held that the decision of management to deduct the amount of 1.4 million pesos from the workers' separation pay of more than 3 million was correct because the employee was indebted to the employees' cooperative from whom he obtained a loan. In Herma Shipping & Transport Corp versus CJC (GR 244144, January 27, 2020), the Supreme Court decided in favor of the company and dismissed the seafarer's complaint of illegal dismissal because the evidence indubitably indicated that he was found guilty of stealing high value oil and gasoline products which were loaded on the vessel in which he was employed as helmsman. His 24 years of service was disregarded and he lost all his retirement benefits and separation pay because his offense was fraud.

In the case of JS Unitrade Inc versus R Samson Jr (GR 200405, February 26, 2020), the Supreme Court did not sustain the allegation of illegal dismissal made by the employee, nor took the word of management that the worker abandoned his job. Thus, there was no order of reinstatement nor backwages but only separation pay. In the labor dispute between the labor union and the administration of Adamson University (GR 227070, March 9, 2020), the Supreme Court decided  in favor of management when the latter dismissed the union president, who was a professor for uttering indecent and profane words against a minor female student. In the case of AAP versus Sitel Philippines, the High Court dismissed the complaint of illegal dismissal filed by a newly promoted supervisor who tendered his voluntary resignation. The Court did not believe his allegations of constructive dismissal.

In the case of Mark Samillano versus Valdez Security (GR 239396, June 23, 2020), the Supreme Court dismissed a complaint for illegal dismissal filed by a security guard who refused to transfer to another assignment. The religious congregation of the house he was guarding asked that he be transferred because he sued the religious order in an alleged baseless suit. It was the prerogative of the security agency to move him to another client but it was the security guard who refused to obey. In the case of The Heritage Hotel versus LS (GR217896, June 26, 2020) The Supreme Court upheld the validity of management's suspension of a food server who was complained of by two separate guests for having conflicts with them. She was not dismissed but merely suspended, and the Court held that it was only a just and reasonable penalty.

The most significant victory of employers was in the case of San Miguel Corporation versus R A G (GR200815, August 24, 2020), where the highest court of the land approved the action of San Miguel Corp in terminating the services of a senior employee whose tenure started in 1986, because it was proven by competent evidence that she demanded money equal to 25% of the regular billing presented by an outsourced service provider. Fraud is a mortal offense and long years in service cannot save an employee from such a blatant travesty of the employer's trust. In ADLR versus ABS-CBN, (GR 242875, August 28, 2020), management won a case of illegal dismissal filed by a video editor with eleven years of tenure. He reported for work drunk and he touched the buttocks of a female co-worker. He was dismissed and the Court held that management was right in doing so.  Just for one touch, he lost all his benefits of retirement and separation pay.

In 3M Philippines versus LDY (GR248941, November 2020), a top executive was asked to avail of early retirement due to redundancy of his position. He was offered a package of 5.2 million pesos. He demanded for more. The company added 1.8 million plus another 80 thousand and two-year free health maintenance coverage as executive and free two-year life and accident insurance. He refused and sued the company. He lost and the Supreme Court held that management's offer was legal, just and fair. In Dayawan versus Guarino (GR226409, November 10, 2020), the Supreme Court dismissed a complaint for illegal dismissal where the employee voluntarily resigned. The same ruling was made in Santos versus King Chef (GR 211073, November 25, 2020).

Therefore, don't ever believe the canard that only workers can win in labor cases.

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LABOR CASE

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