This case has been cited 1 times or more.
|
2016-01-13 |
CARPIO, J. |
||||
| On 5 February 2008, Labor Arbiter Sagmit denied the motion to inhibit. Labor Arbiter Sagmit likewise denied the motion to dismiss in an Order dated 12 February 2008. Labor Arbiter Sagmit held that res judicata does not apply. Citing the cases of Manila Golf & Country Club, Inc. v. IAC[5] and Sandoval Shipyards, Inc. v. Pepito,[6] the Labor Arbiter ruled that the decision of the Med-Arbiter in a certification election case, by the nature of that proceedings, does not foreclose further dispute between the parties as to the existence or non-existence of employer-employee relationship between them. Thus, the finding of Med-Arbiter Jasa that no employment relationship exists between HRC and complainants does not bar the Labor Arbiter from making his own independent finding on the same issue. The non-litigious nature of the proceedings before the Med-Arbiter does not prevent the Labor Arbiter from hearing and deciding the case. Thus, Labor Arbiter Sagmit denied the motion to dismiss and ordered the parties to file their position papers. | |||||