CONRADO TIU and/or CONTI PAWNSHOP, vs. NATIONAL LABOR RELATIONS COMMISSION and CARMEN L. ANCHETA.
- G.R. Number: G.R. No. 83433
- Promulgated: 1992-11-12
- Ponente: Davide, Jr., J.
Doctrine
Loss of trust and confidence as a ground for dismissal must be supported by factual and legal basis, not mere speculation or hearsay.
When reinstatement is impractical due to antagonism between employer and employee, the proper relief is backwages (here increased to three years) and separation pay.
The Court may modify NLRC awards and make its decision immediately executory, including assessment of costs.
Facts
Petitioners filed a special civil action for certiorari to reverse the NLRC decision that ordered them to pay private respondent backwages for two years and separation pay of one month per year of service.
Respondent asserted loss of trust and confidence based on alleged purchases by the employee for relatives and others under an employee privilege to buy jewelry at agent's price.
The NLRC (as modified) had ordered payment of two years backwages and deletion of moral and exemplary damages for lack of basis.
Issues
Whether the dismissal of the private respondent was illegal for lack of factual basis supporting loss of trust and confidence.
Whether reinstatement should be ordered or, alternatively, backwages and separation pay should be awarded, and in what amounts.
Ruling
The Court found the loss of trust and confidence defense speculative, conjectural and devoid of factual basis; the dismissal was illegal.
Reinstatement was deemed infeasible due to antagonism between the parties; the Court affirmed the NLRC decision but modified the award of backwages to three years without qualification and maintained separation pay.
The petition was dismissed; the NLRC decision (RAB-III-5-2673-86) was affirmed as modified; the Decision is immediately executory and costs were assessed against the petitioners.
Keywords
G.R. No. 83433, special civil action for certiorari, National Labor Relations Commission (NLRC), backwages, separation pay, loss of trust and confidence, illegal dismissal, company policies, appraiser, pawnshop supervisor, personal gain, unfaithfulness and abuse, moral and exemplary damages, Labor Arbiter, grave abuse of discretion, NLRC Case No. RAB III-5-2673-86, Article 1191 Civil Code, private, petitioners, february 1986