Why employers often lose their labor cases

Based on scientific and thorough research, empirical data and anecdotal evidence show that employers in this country lose about seven to eight cases for every 10 filed by workers. Either they were represented by the wrong lawyers or their HR managers do not know the nuances of labor and industrial relations, or perhaps, they really violated labor laws and exceeded the bounds of their prerogatives.

On December 2, 2020, Coca-Cola lost another case of labor-only contracting in G.R. No. 21816 filed by Ernesto Luces et al, who are drivers, helpers, dispatchers, and checkers. There had been a series of judicial losses in labor cases on contractualization suffered by this company in past cases filed by Pacquing, dela Cruz, Basan, Lingat, and the worst was in Quintanar versus Coca-Cola. Another case of labor-only contracting was lost by management in Monsanto Philippines versus NLRC (GR 230609) decided on August 27, 2020. Still another case of labor-only contracting is MOD versus Southgate Foods, GR 227795, decided against management on February 20, 2020. On March 4, 2020, Coca-Cola lost a case involving an employee in San Fernando, Pampanga (GR226089) in Coca-Cola Femsa versus JLA. I am surprised by the outcome of this case because the charges against the employee involved dishonesty, consisting of bringing out Coca-Cola products. It is difficult to understand why management lost this case. Coca-Cola lost still another case in AMBM versus CCBPI, GR 226064, decided on February 17, 2020. It was an unauthorized withholding of a part of a separation pay owing to an employee who was separated due to redundancy.

 A construction company lost a case of illegal dismissal in Salvador Incentes v. Syjuco Construction (GR 240549) on August 27, 2020. On February 19, 2020, an OFW won his case against his recruiter in JS Gallego v. Wallem Maritime, GR 216440. Another case of illegal dismissal was decided against a recruitment company on November 4, 2020 in Omanfil v. Mesina. On June 17, 2020, an employee who was sent abroad was dismissed by his employer for alleged violations of safety rules while he was abroad. Management failed to prove its allegation. The case was decided against the company in DPG v. Granite Services International. On August 19, 2020, the Supreme Court, in Bayview v. PHBP, GR 220170, condemned the illegal dismissal of a head of legal and HR who was called “stupid, stupid, stupid”  by company owners and top executives and was subjected to disdain insults and alleged sexual harassment. On June 17, 2020, in the case of NEPC v. MJD (GR 217970), an HR supervisor won her case against her HR manager and the company and was granted reinstatement, backwages and other money claims.

On June 15, 2020, a bank lost an illegal dismissal case involving a teller in the case of PSB v. HTFG (GR 202049). Management was unable to prove its allegations of loss of confidence and gross neglect of duty. In FAR versus Stoneleaf (GR 222416), management lost a case for labor standards benefits on JUNE 17, 2020. Another case of illegal dismissal case was decided against management on February 19, 2020 in Jose del Pilar v. BATELEC II (GR 160121). A bus company lost its case of illegal dismissal on February 19, 2020 in the case of Gerardo C Roxas v. Baliwag Transit, GR 231859. The most unfortunate was a lady employee assigned in Danao City, Cebu who was deemed by the Supreme Court as having been constructively dismissed because her complaint for sexual harassment was not acted properly and urgently by management in LBCEVI versus MCP, GR 217101 decided on February 12, 2020.

On February 12, 2020, the Supreme Court also decided against Lufthansa Tecknik Philippines in GR 184452, a case of illegal dismissal filed by Roberto Cuizon who won millions in backwages and separation benefits.

I can go on and on and this array of adverse decisions seem to have no end. Corporations big or small, local or subsidiaries of global conglomerates continue to receive decisions ordering reinstatement, backwages and separation pay. There are even awards of moral damages and exemplary damages. And monetary awards are normally granted a legal interest of six per cent per annum and ten percent attorney’s fees. These are big blows to employers who are struggling to survive due to the pandemic devastations. It is, therefore, imperative that HR professionals should upgrade their competence and lawyers handling labor cases should strive to do better and improve the dismal records now in the annals of Philippine labor jurisprudence.