ARTEMIO LABOR, PEDRO BONITA, JR., DELFIN MEDILLO, ALLAN ROMMEL GABUT, and IRENEO VISABELLA, vs. NATIONAL LABOR RELATIONS COMMISSION, GOLD CITY COMMERCIAL COMPLEX, INC., and RUDY UY.
- G.R. Number: G.R. No. 110388
- Promulgated: 1995-09-14
- Ponente: Davide, Jr., J.
Doctrine
For abandonment to justify termination there must be a deliberate, unjustified refusal to resume employment; mere absence is insufficient and must be shown by overt acts indicating intent to quit.
While NLRC factual findings are generally respected, the Court will set them aside when the NLRC commits grave abuse of discretion or when its conclusions are unsupported by substantial evidence.
Under R.A. No. 6715 the Court awards full backwages to illegally dismissed employees; the statute contemplates payment without deductions or qualifications.
Facts
Petitioners were employees of Gold City at its Eye Ball Disco in Tagum and filed a DOLE complaint dated 19 August 1991 alleging multiple labor standards violations including underpayment of minimum wage and nonpayment of 13th month pay and various premiums.
Criminal complaint for estafa against respondents was dismissed by the prosecutor; records do not show any attempt by Gold City to reverse that dismissal.
Before Labor Arbiter Nicolas Sayon, petitioners alleged that Gold City prevented some employees from entering the workplace in August 1991, took their time cards, advised them to resign, and issued a notice of termination dated 6 September 1991.
The Labor Arbiter declared the dismissals illegal and ordered separation pay and other money claims; the NLRC, Fifth Division, later vacated and set aside that decision, prompting this certiorari petition.
Issues
Whether Gold City committed labor standards violations as found by the Labor Arbiter.
Whether the petitioners abandoned their jobs and whether dismissal for abandonment was lawful.
Whether the NLRC committed grave abuse of discretion in reversing the Labor Arbiter's decision.
Ruling
The Court set aside the NLRC decision and reinstated the Labor Arbiter's decision declaring the dismissals illegal and ordering payment of separation pay and other claims.
The Court awarded full back wages to each petitioner from the time of illegal termination until finality of the decision.