PEOPLE'S SECURITY, INC., vs. NATIONAL LABOR RELATIONS COMMISSION, ALFREDO BERDAN, FRANCISCO R. SAYNO, and FELIZARDO Q. FUNDANO, SR..
- G.R. Number: G.R. No. 96451
- Promulgated: 1993-09-08
- Ponente: Bidin, J.
Doctrine
Abandonment of position depends on the employee's intention and cannot be lightly inferred or legally presumed from equivocal acts.
When the filing of illegal dismissal complaints has severed the harmonious relationship, reinstatement may no longer be beneficial and separation pay in lieu of reinstatement is appropriate.
Facts
Petitioner (People's Security, Inc.) claimed private respondents resigned or abandoned their posts, asserting they were absorbed by Roca Security and Investigation Agency.
NLRC found private respondents repeatedly asked for new assignments but were not given work despite petitioner hiring new guards, and that they were "forced by circumstances to sign their resignation letters."
The filing of illegal dismissal complaints severed the harmonious relationship between parties, making reinstatement no longer beneficial.
Issues
Whether private respondents resigned from their employment with petitioner.
Whether private respondents abandoned their positions when they were absorbed by Roca Security and Investigation Agency.
Whether reinstatement is appropriate or whether separation pay should be awarded in lieu of reinstatement.
Ruling
The NLRC's decision is affirmed in all respects except as modified: the Court directs petitioner to pay separation pay in lieu of reinstatement.
Court rejected petitioner's contradictory assertions that respondents both resigned and abandoned their jobs, finding petitioner's cause meritless.
The Court agreed with NLRC and found respondents did not abandon their positions; they accepted alternative employment as a practical solution after petitioner failed to assign work.
Keywords
GR No. 96451, National Labor Relations Commission, NLRC Case Nos. 7-2844-86, 7-2845-86, 7-2850-86, Labor Arbiter, reinstatement, separation pay, security services contract, security bond deposits, illegal dismissal, backwages, voluntary severance, abandonment of employment, constructive dismissal, petition for certiorari under Rule 65, grave abuse of discretion, technicality, substantial justice, Royal Crown International v. NLRC, 178 SCRA 569, 574 [1989], Pearl S. Buck Foundation v. NLRC, 182 SCRA 446 [1990], Tamayo v. Court of Appeals, 209 SCRA 518, 522 [1992]