This case has been cited 3 times or more.
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2009-04-24 |
AUSTRIA-MARTINEZ, J. |
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| The CA found that while an award of backwages presupposes a finding of illegal dismissal, not every case of illegal dismissal deserves an award of backwages, citing Manila Electric Co. v. National Labor Relations Commission,[11] Cathedral School of Technology v. National Labor Relations Commission, [12] and Durabuilt Recapping and Plant Company v. National Labor Relations Commission.[13] The CA further held that petitioner was the holder of the confiscated driver's license; thus, it was his duty to redeem his license; that while respondent previously took care of retrieving a confiscated driver's license, it was only a matter of accommodation, as there is no law or regulation making it an obligation of the employer to undertake retrieval of its erring driver's license; that when respondent failed to heed petitioner's request to redeem his license, a personal privilege and non-transferable, petitioner should have personally redeemed the same, which he did not; thus, he was not entitled to backwages. | |||||
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2008-12-08 |
CHICO-NAZARIO, J. |
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| Reference may also be made to the case of Manila Electric Company v. National Labor Relations Commission,[10] wherein the employee was found responsible for the irregularities in the installation of electrical connections to a residence, for which reason, his services were terminated by the employer's company. We, however, affirmed the findings of the NLRC and the Labor Arbiter that the employee should not have been dismissed considering his 20 years of service to the employer without any previous derogatory record and his being awarded in the past two commendations for honesty. We thus ruled that the employee's reinstatement is proper, without backwages, bearing in mind the employer's good faith in terminating his services. | |||||
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2008-02-26 |
CHICO-NAZARIO, J. |
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| In Philippine Long Distance Telephone Company v. National Labor Relations Commission,[43] an employee intervened in the anomalous connection of four telephone lines. It was, likewise, established in Manila Electric Company v. National Labor Relations Commission,[44] that the employee was involved in the illegal installation of a power line. In both cases, the violations were clearly prejudicial to the economic activity of his employer. Finally, in National Labor Relations Commission v. Salgarino,[45] a school teacher tampered with the grades of her students, an act which was prejudicial to the school's reputation. Notably, the Court stopped short of dismissing these employees for offenses more serious than the present case. | |||||