This case has been cited 2 times or more.
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2007-08-17 |
AZCUNA, J. |
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| manner.[18] In the same vein, attorney's fees are not recoverable absent any sufficient evidence of bad faith on the part of the employer.[19] | |||||
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2005-07-28 |
CALLEJO, SR., J. |
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| In their amended complaint filed with the DOLE, the private respondents prayed for moral and exemplary damages, among others, but the CA failed to award the same. This Court has consistently accorded the working class a right to recover damages for dismissals tainted with bad faith. The award of such damages is based not on the Labor Code but on Article 2220 of the Civil Code.[27] Indeed, moral damages are recoverable when the dismissal of an employee is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy. Exemplary damages may be awarded if the dismissal is effected in a wanton, oppressive or malevolent manner.[28] Bad faith on the part of petitioners may be gleaned from the fact that they transferred the private respondents to two (2) employment agencies just so they could evade their legal responsibility as employers to accord them the status and benefits of regular employees under the Labor Code. The dismissal, no doubt, was effected in a wanton, oppressive or malevolent manner as the private respondents were deprived of due process. Thus, the amount of P10,000.00 as moral damages and P5,000.00 as exemplary damages are hereby awarded to each private respondent.[29] | |||||