- Petitioner
- Rosario T. Mamerto
- Respondent
- Minister of Labor
- Citation
- G.R. No. L-53060
- Court
- Supreme Court
- Decided
- November 15, 1982
Illegal dismissal complaint by employees against their employer, allegedly due to union activities constituting unfair labor practice
Summary
Twenty-eight employees of Lucky Garments Manufacturing Company filed an illegal dismissal complaint, alleging termination due to union activities constituting unfair labor practice. The company sought clearance to dismiss employees for various causes including participation in illegal sit-down strike, unauthorized absences, rule violations, and failure to meet training standards. The Regional Director dismissed the complaint after petitioners failed to submit required position papers and instead sought compulsory arbitration. The Deputy Minister affirmed on appeal, finding substantial evidence of economic sabotage and illegal strike activities. The Supreme Court dismissed the certiorari petition, ruling there was no denial of due process as petitioners had adequate opportunity to be heard, and the case did not require compulsory arbitration as it involved no intricate legal questions. The Court found the dismissals were supported by substantial evidence and petitioners failed to prove wrongful termination, upholding the labor tribunals' findings of dismissal for just cause.
Focus of dispute
Illegal dismissal complaint by employees against their employer, allegedly due to union activities constituting unfair labor practice
Legal facts
Twenty-eight employees of Lucky Garments Manufacturing Company filed complaint for illegal dismissal. Company claimed dismissals were for cause: twelve regular employees participated in illegal sit-down strike by absenting March 7-13, 1979; some were AWOL; one dismissed for repeated violations; eight apprentices failed to meet training standards; four were household helpers, not company employees. Employees alleged dismissal due to union activities. Regional Director required position papers but petitioners failed to submit, instead filing motion for compulsory arbitration which was denied.
Judgement and reasoning
Deputy Minister of Labor: Deputy Minister Amado G. Inciong affirmed the Regional Director's order. Found evidence of economic sabotage and illegal strike in violation of PD 823. Determined that complainants' excuses were unavailing and their concerted action was clearly established. Noted complainants failed to submit required position papers despite being given opportunity. Ordered company to pay financial assistance equivalent to half-month salary per year of service to regular employees.
Regional Office Ministry of Labor: Regional Director Francisco L. Estrella dismissed the complaint for lack of merit and granted company's clearance to dismiss. Found that twelve regular employees participated in concerted absence causing production slowdown, constituting illegal sit-down strike. Some employees were on AWOL, others dismissed for rule violations or failure to meet training standards. Four complainants were household helpers, not company employees.
Supreme Court (SC): Supreme Court dismissed the petition, finding no denial of due process as petitioners were given sufficient opportunity to be heard through hearings with legal representation. Held that the case did not require compulsory arbitration as no intricate questions of fact or law were involved, the issue being simply termination. Found that dismissal for cause was supported by substantial evidence and petitioners failed to show wrongful dismissal.