This case has been cited 1 times or more.
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2015-10-05 |
DEL CASTILLO, J. |
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| Via a Petition for Certiorari[43] before the CA, thereat docketed as CA-G.R. SP No. 108873, respondent assailed the above dispositions of the NLRC and prayed that the CA declare his dismissal by petitioner illegal and that petitioner be moreover ordered to pay him full backwages, and other benefits from the time of his dismissal up to his actual reinstatement, plus reasonable moral and exemplary damages as well as attorney's fees. Respondent insisted that petitioner did not suffer substantial losses that justified the implementation of a retrenchment program; that it was illegal and improper for petitioner to hire Genobaten and thereafter fire him (respondent), when he could have been the one appointed to the position filled by Genobaten since he was a senior employee who possessed the qualifications and experience required for the position; that worse, Genobaten was promoted just after he (respondent) was dismissed; that his dismissal had no basis other than petitioner's excuse of management prerogative; and that his quitclaim and waiver are ineffective and did not constitute estoppel. | |||||