This case has been cited 1 times or more.
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2009-04-30 |
TINGA, J. |
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| Petitioner filed a petition for certiorari before the Court of Appeals, submitting that the NLRC had erred in ruling that respondent was terminated and in finding that respondent had abandoned his work. The Court of Appeals granted the petition. The Court of Appeals, applying the case of Ranara v. NLRC,[3] found that petitioner had intended to dismiss, and in fact did dismiss respondent, through the concerted acts of the chief cook and respondent's brother, who served verbal notices of termination on respondent. Moreover, the appellate court found no indication of respondent's alleged intention to abandon his work. Even his failure to respond to the General Manager's report does not indicate the intention to sever the relationship since the order came after the illegal dismissal complaint had been filed. Finally, the Court of Appeals ruled that petitioner did not observe due process in dismissing respondent.[4] | |||||