This case has been cited 2 times or more.
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2009-01-15 |
AZCUNA, J. |
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| Dismissal connotes a permanent severance or complete separation of the worker from the service on the initiative of the employer regardless of the reasons therefor.[2] Based on the foregoing, it can hardly be said that respondents were dismissed from employment rather than merely temporarily suspended. Nowhere in the proceedings or pleadings filed before the Labor Arbiter or the NLRC did respondents dispute that they were merely suspended from March 30, 1998 to April 11, 1998. As shown by the contents of the memorandum issued to respondents, they were not dismissed but merely suspended from employment:xxx However, despite our President's direct and clear instruction you released the vehicle to Mr. Faustino Cabel without the necessary payment. This is a clear disobedience, incompetence and gross negligence of your duty as Supervisor. | |||||
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2005-05-16 |
PUNO, J. |
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| Petitioners' arguments reflect their lack of candor and the blatant attempt to use technicalities to muddle the issues and defeat the lawful claims of their employees. First, petitioners admit that since April 1997, when hotel operations were suspended due to the termination of the lease of the old premises, respondents Loveres, Macandog, Llarena, Nicerio and Guades have not been permitted to work. Second, even after six months of what should have been just a temporary lay-off, the same respondents were still not recalled to work. As a matter of fact, the Labor Arbiter even found that as of the time when he rendered his Joint Decision on July 2000 or more than three (3) years after the supposed "temporary lay-off," the employment of all of the respondents with petitioners had ceased, notwithstanding that the new premises had been completed and the same operated as a hotel with bar and restaurant. This is clearly dismissal or the permanent severance or complete separation of the worker from the service on the initiative of the employer regardless of the reasons therefor.[51] | |||||