WILTSHIRE FILE CO., INC., vs. THE NATIONAL LABOR RELATIONS COMMISSION and VICENTE T. ONG.

  • G.R. Number: G.R. No. 82249
  • Promulgated: 1991-02-07
  • Ponente: Feliciano, J.

Doctrine

A finding that an employee was denied due process must have factual and legal basis; absent that, damages awarded on that ground cannot stand.

Where certiorari is granted for lack of jurisdictional or legal basis in the administrative rulings, the Court may set aside and nullify the NLRC resolutions and make injunctive relief permanent.

Facts

Private respondent Vicente T. Ong was Sales Manager of petitioner Wiltshire from 16 March 1981 to 18 June 1985, with monthly salary P14,375 excluding average commissions of P5,000, vacation leave and hospitalization privileges.

On 13 June 1985 Ong was informed on return from abroad that his services were terminated; a formal letter on 18 June 1985 cited redundancy. Ong's attempts to obtain explanation from management were unsuccessful.

Issues

Whether private respondent was accorded due process in his termination.

Whether the NLRC's award (including moral damages) based on its finding should stand.

Ruling

The Court held the NLRC's finding that respondent was not accorded due process is without factual or legal basis, and the award of moral damages predicated on that ground must fall.

The Petition for Certiorari was granted; the NLRC Resolutions dated 9 February 1988 and 7 March 1988 were set aside and nullified; the Court's Temporary Restraining Order of 21 March 1988 was made permanent; no costs were awarded.

Keywords

G.R. No. 82249, illegal dismissal, National Labor Relations Commission (NLRC), Labor Arbiter, redundancy, retrenchment, backwages, unpaid salaries, accumulated sick and vacation leaves, hospitalization benefit package, unpaid commission, moral damages, attorney's fees, financial losses, certiorari, Labor Code, superfluity of position, cost-cutting measure, private, termination

Official text

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