This case has been cited 3 times or more.
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2014-02-05 |
REYES, J. |
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| The charges against Kemplin were not clearly specified. While the letter stated that Kemplin's employment contract had expired, it likewise made general references to alleged criminal suits filed against him.[40] One who reads the letter is inevitably bound to ask if Kemplin is being terminated due to the expiration of his contract, or by reason of the pendency of suits filed against him. Anent the pendency of criminal suits, the statement is substantially bare. Besides, an employee's guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his dismissal.[41] The pendency of a criminal suit against an employee, does not, by itself, sufficiently establish a ground for an employer to terminate the former. | |||||
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2012-03-14 |
PERALTA, J. |
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| In Telefunken Semiconductors Employees Union v. Court of Appeals,[56] the Court held that the strikers' open and willful defiance of the assumption order of the Secretary of Labor constitute serious misconduct and reflective of their moral character, hence, granting of financial assistance to them cannot be justified. In Chua v. National Labor Relations Commission,[57] we disallowed the award of financial assistance to the dismissed employees for their participation in the unlawful and violent strike which resulted in multiple deaths and extensive property damage because it constitutes serious misconduct on their part. | |||||
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2007-10-19 |
VELASCO, JR., J. |
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| A painstaking review of case law renders obtuse the Union's claim for separation pay. In a slew of cases, this Court refrained from awarding separation pay or financial assistance to union officers and members who were separated from service due to their participation in or commission of illegal acts during strikes. In the recent case of Pilipino Telephone Corporation v. Pilipino Telephone Employees Association (PILTEA),[74] this Court upheld the dismissal of union officers who participated and openly defied the return-to-work order issued by the DOLE Secretary. No separation pay or financial assistance was granted. In Sukhothai Cuisine and Restaurant v. Court of Appeals,[75] this Court declared that the union officers who participated in and the union members who committed illegal acts during the illegal strike have lost their employment status. In this case, the strike was held illegal because it violated agreements providing for arbitration. Again, there was no award of separation pay nor financial assistance. In Philippine Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union,[76] the strike was declared illegal because the means employed was illegal. We upheld the validity of dismissing union members who committed illegal acts during the strike, but again, without awarding separation pay or financial assistance to the erring employees. In Samahang Manggagawa sa Sulpicio Lines, Inc. v. Sulpicio Lines,[77] this Court upheld the dismissal of union officers who participated in an illegal strike sans any award of separation pay. Earlier, in Grand Boulevard Hotel v. Genuine Labor Organization of Workers in Hotel, Restaurant and Allied Industries,[78] we affirmed the dismissal of the Union's officers who participated in an illegal strike without awarding separation pay, despite the NLRC's declaration urging the company to give financial assistance to the dismissed employees.[79] In Interphil Laboratories Union-FFW, et al. v. Interphil Laboratories, Inc.,[80] this Court affirmed the dismissal of the union officers who led the concerted action in refusing to render overtime work and causing "work slowdowns." However, no separation pay or financial assistance was allowed. In CCBPI Postmix Workers Union v. NLRC,[81] this Court affirmed the dismissal of union officers who participated in the strike and the union members who committed illegal acts while on strike, without awarding them separation pay or financial assistance. In 1996, in Allied Banking Corporation v. NLRC,[82] this Court affirmed the dismissal of Union officers and members, who staged a strike despite the DOLE Secretary's issuance of a return to work order but did not award separation pay. In the earlier but more relevant case of Chua v. NLRC,[83] this Court deleted the NLRC's award of separation benefits to an employee who participated in an unlawful and violent strike, which strike resulted in multiple deaths and extensive property damage. In Chua, we viewed the infractions committed by the union officers and members as a serious misconduct which resulted in the deletion of the award of separation pay in conformance to the ruling in PLDT. Based on existing jurisprudence, the award of separation pay to the Union officials and members in the instant petitions cannot be sustained. | |||||