This case has been cited 1 times or more.
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2006-01-23 |
AUSTRIA-MARTINEZ, J. |
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| With regard to petitioner's claim for damages, the Court finds the same to be without basis. While petitioner's preventive suspension may have been unjustified, this does not automatically mean that he is entitled to moral or other damages. In Cocoland Development Corp. vs. NLRC,[17] the Court ruled:In Primero vs. Intermediate Appellate Court, this Court held that "... an award (of moral damages) cannot be justified solely upon the premise (otherwise sufficient for redress under the Labor Code) that the employer fired his employee without just cause or due process. Additional facts must be pleaded and proven to warrant the grant of moral damages under the Civil Code, these being, to repeat, that the act of dismissal was attended by bad faith or fraud, or was oppressive to labor, or done in a manner contrary to morals, good customs, or public policy; and of course, that social humiliation, wounded feelings, grave anxiety, etc., resulted therefrom." This was reiterated in Garcia vs. NLRC, where the Court added that exemplary damages may be awarded only if the dismissal was shown to have been effected in a wanton, oppressive or malevolent manner. | |||||