This case has been cited 2 times or more.
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2013-02-20 |
PEREZ, J. |
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| In the case at bench, respondents were informed on 29 April 2005 that they were going to be relieved from duty as a consequence of the 30 April 2005 expiration of the security service contract between Union Bank and LSIA. While respondents lost no time in immediately filing their complaint on 3 May 2005, the record equally shows that they were directed by LSIA to report for work at its Mandaluyong City office on 10 May 2005 or a mere ten days from the time the former were effectively sidelined. Considering that a security guard is only considered illegally dismissed from service when he is sidelined from duty for a period exceeding six months,[28] we find that the CA correctly upheld the NLRC's ruling that respondents were not illegally dismissed by LSIA. Parenthetically, said ruling is binding on respondents who did not appeal either the decision rendered by the NLRC or the CA in line with the entrenched procedural rule in this jurisdiction that a party who did not appeal cannot assign such errors as are designed to have the judgment modified.[29] | |||||
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2013-01-17 |
PERALTA, J. |
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| On April 21, 2003, Labor Arbiter Manuel M. Manansala dismissed the complaint for constructive dismissal.[13] He noted that Gan's separation from Galderma was voluntarily initiated and was concluded by the written resignation letter which was accepted in a business-like manner through a formal office correspondence. The text of Gan's letter was treated as conclusive, res ipsa loquitur. Agreeing with respondents' contention, the Labor Arbiter cited the case of St. Michael Academy v. NLRC[14] insofar as it enumerated the requisites of intimidation which would vitiate one's consent, but are wanting in Gan's case. Likewise pointed out was the presence of the sworn affidavits separately executed by Gan's former co-workers Gerry M. Castro, Annalyn M. Gamboa, Winston M. Marquez, and Abigail R. Peralta which were fully supportive of respondents' defenses. Lastly, applying Samaniego v. NLRC,[15] Dizon, Jr. vs. NLRC,[16] Habana v. NLRC,[17] and San Miguel Brewery Sales Force Union (PTGWO) v. Ople[18] invoked by respondents, the Labor Arbiter ruled that Gan surely understood the legal effects of his resignation letter considering that he is an Industrial Engineering graduate of the Mapua Institute of Technology and has Master of Business Administration (MBA) units in Letran College. The fallo of the Decision disposed: | |||||