This case has been cited 4 times or more.
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2013-06-10 |
PERLAS-BERNABE, J. |
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| Nevertheless, records reveal that respondents withdrew the DOLE CASE after they had instituted the NLRC CASE. Pertinent on this point is the Court's pronouncement in Consolidated Broadcasting System v. Oberio,[23] to wit: Under Article 217 of the Labor Code, termination cases fall under the jurisdiction of Labor Arbiters. Whereas, Article 128 of the same Code vests the Secretary of Labor or his duly authorized representatives with the power to inspect the employer's records to determine and compel compliance with labor standard laws. The exercise of the said power by the Secretary or his duly authorized representatives is exclusive to cases where [the] employer-employee relationship still exits. Thus, in cases where the complaint for violation of labor standard laws preceded the termination of the employee and the filing of the illegal dismissal case, it would not be in consonance with justice to charge the complainants with engaging in forum shopping when the remedy available to them at the time their causes of action arose was to file separate cases before different fora. x x x (Emphasis and underscoring supplied) | |||||
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2010-01-21 |
BRION, J. |
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| The first is the settled rule that in employee termination disputes, the employer bears the burden of proving that the employee's dismissal was for just and valid cause.[25] That Peñaflor did indeed file a letter of resignation does not help the company's case as, other than the fact of resignation, the company must still prove that the employee voluntarily resigned.[26] There can be no valid resignation where the act was made under compulsion or under circumstances approximating compulsion, such as when an employee's act of handing in his resignation was a reaction to circumstances leaving him no alternative but to resign.[27] In sum, the evidence does not support the existence of voluntariness in Peñaflor's resignation. | |||||
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2008-12-11 |
REYES, R.T., J. |
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| In its ruling, the NLRC considered the following elements to determine the existence of an employer-employee relationship: (1) the selection and engagement of the workers; (2) power of dismissal; (3) the payment of wages by whatever means; and (4) the power to control the worker's conduct.[17]All four elements were found by the NLRC to be vested in BMA.This NLRC finding was affirmed by the CA:x x xIt is the BMA which actually conducts the hauling, storage, handling, transporting, and delivery operations of SMC's products pursuant to their warehousing and Delivery Agreement.BMA itself hires and supervises its own workers to carry out the aforesaid business activities.Apart from the fact that it was BMA which paid for the wages and benefits, as well as SSS contributions of petitioners, it was also the management of BMA which directly supervised and imposed disciplinary actions on the basis of established rules and regulations of the company. The documentary evidence consisting of numerous memos throughout the period of petitioners' employment leaves no doubt in the mind of this Court that petitioners are only too aware of who is their true employer. Petitioners received daily instructions on their tasks form BMA management, particularly, private respondent Arlene C. Eusebio, and whenever they committed lapses or offenses in connection with their work, it was to said officer that they submitted compliance such as written explanations, and brought matters connected with their specific responsibilities.[18] The employer-employee relationship between BMA and petitioners is not tarnished by the absence of registration with DOLE as an independent job contractor on the part of BMA.The absence of registration only gives rise to the presumption that the contractor is engaged in labor-only contracting, a presumption that respondent BMA ably refuted. | |||||
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2007-11-28 |
NACHURA, J. |
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| Pertinent is our ruling in Consolidated Broadcasting System, Inc. v. Oberio,[27] where we held, to wit:Under Article 217 of the Labor Code, termination cases fall under the jurisdiction of Labor Arbiters. Whereas, Article 128 of the same Code vests the Secretary of Labor or his duly authorized representatives with the power to inspect the employer's records to determine and compel compliance with labor standard laws. The exercise of the said power by the Secretary or his duly authorized representatives is exclusive to cases where employer-employee relationship still exists. Thus, in cases where the complaint for violation of labor standard laws preceded the termination of the employee and the filing of the illegal dismissal case, it would not be in consonance with justice to charge the complainants with engaging in forum shopping when the remedy available to them at the time their causes of action arose was to file separate cases before different fora. In this case, said officers/members of the respondents merely pursued the subsequent case of Union Busting, among others, in view of their dismissal from work. Said cause of action is independent from the labor inspection case which respondents filed with the DOLE way ahead of the Union Busting case. No less than the law provides for these respective remedies. | |||||