Case Digest G.R. No. 171118

Topics: Unfair labor practice, Legal terms, Employment Pages: 4 (1023 words) Published: May 4, 2013
G.R. No. 171118

In cases when an employee is unjustly dismissed from work, he shall be entitled to reinstatement without loss of seniority rights and other privileges, inclusive of allowances, and other benefits or their monetary equivalent from the time the compensation was withheld up to the time of actual reinstatement. The awards of moral damages and exemplary damages are also in order and grant of attorney's fees is likewise proper.

1. WON the respondents were validly dismissed.
2. WON respondents were victims of unfair labor practice.

Petitioner Park Hotel is a corporation engaged in the hotel business. Petitioners Gregg Harbutt (Harbutt) and Bill Percy (Percy) are the General Manager and owner, respectively, of Park Hotel. Percy, Harbutt and Atty. Roberto Enriquez are also the officers and stockholders of Burgos Corporation (Burgos), a sister company of Park Hotel.

Park Hotel hired Respondent Manalo Soriano (Soriano) in July 1990 as Maintenance Electrician and then transferred to Burgos in 1992. Respondent Lester Gonzales (Gonzales) was employed by Burgos as Doorman, and later promoted as Supervisor. Respondent Yolanda Badilla (Badilla) was a bartender of J's Playhouse operated by Burgos.

Respondents Burgos were dismissed from work in October 1997 for allegedly stealing company properties. As a result, respondents filed complaints for illegal dismissal, unfair labor practice, and payment of moral and exemplary damages and attorney's fees, before the Labor Arbiter (LA). In their complaints, respondents alleged that the real reason for their dismissal was that they were organizing a union for the company's employees.

Petitioners alleged that Soriano and Gonzales have violated various company rules and regulations contained in several memoranda issued to them aside from the charge of theft. However, the three (3) respondents averred that they never received the memoranda containing their alleged violation of company...
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