ANANIAS PANDAY, vs. NATIONAL LABOR RELATIONS COMMISSION and LUZON MAHOGANY TIMBER INDUSTRIES, INC..
- G.R. Number: G.R. No. 67664
- Promulgated: 1992-05-20
- Ponente: Gutierrez, Jr., J.
Doctrine
Where employers commit serious unfair labor practices and act in bad faith to defeat reinstatement, the Court may impose punitive relief by awarding five years backwages.
Factors such as obstinacy, deceitful means to evade reinstatement, prolonged non-satisfaction of judgments, and employer bad faith justify an award of multiple years' backwages as exemplarily remedial.
Facts
Petitioner sought review of Deputy Minister Vicente Leogardo, Jr.'s order dated 29 May 1984 authorizing separation with separation pay of one-half month salary per year, awarding 13th month pay for 1977, and dismissing a living allowance claim.
There was no dispute over the underlying facts as found by the Ministry of Labor and Employment.
The Court acknowledged that an illegal dismissal had already been established.
The employer committed unfair labor practices, acted in bad faith by ordering cuts in other employees' living allowances, refused to give written authority to shift blame to petitioner, and engaged in harassment and withdrawal of petitioner’s benefits; the case was prolonged to petitioner’s prejudice.
Issues
Whether the petitioner's prayer for reinstatement should have been granted.
Whether the Court should award five years backwages in view of the employer's unfair labor practices and bad faith.
Ruling
The prayer for reinstatement was denied.
The Court modified the Deputy Minister's order to award five years backwages and affirmed the order in other respects.
Keywords
G.R. No. 67664, illegal dismissal, constructive dismissal, separation pay, 13th month pay, living allowance, backwages, reinstatement, position of trust and confidence, employer-employee relationship, labor law, Asiaworld Publishing House, Inc. v. Ople, 152 SCRA 219 [1987], Citytrust Finance Corp. v. NLRC, 157 SCRA 87 [1988], Bautista v. Inciong, 158 SCRA 665 [1988], Esmalin v. NLRC, 177 SCRA 537 [1989], Maglutac v. NLRC, 189 SCRA 767 [1990], Tabacalera Insurance Co. v. National Labor Relations Commission, 152 SCRA 667 [1987], confidence, private, complainant