Saturday, March 10, 2012

Century Textile Mills Inc. vs. NLRC (161 SCRA 528)

Facts: According to Rodolfo Marin (a factory co-worker of private respondent Calangi), at around 12:15 AM on June 4, 1983 and within company premises, he chanced upon Gatchie Torrena (a machine operator at petitioner's factory) and noticed the latter mixing some substance with the drinking water contained in a pitcher from which Meliton and Santos regularly drank. Before anyone could take a drink from the pitcher, Marin reported what he had observed to Meliton who, in turn, informed Santos of the same. Soon after, Meliton and Santos took possession of the pitcher of water and filed a formal report of the incident with company management. The contents of the pitcher were subsequently analyzed by chemists at the Philippine Constabulary Crime Laboratory at Camp Crame, Quezon City who found the presence of a toxic chemical (formaldehyde) therein.

On October 11, 1983, private respondent Calangi filed a Complaint for illegal dismissal with the Arbitration Branch, National Capital Region, of the then Ministry of Labor and Employment. Among other things, private respondent alleged in his complaint that prior to his preventive suspension, neither the company nor any of its officers furnished him with a copy of their charges, nor afforded him the opportunity to answer the same and defend himself.

In a Decision dated August 16, 1984, the Labor Arbiter dismissed the private respondents’ complaint. The Labor Arbiter found that not only was the evidence against private respondent Calangi overwhelming and sufficient enough to justify his dismissal, but that the private respondent failed inexplicably to deny or controvert the charges against him.

Issue: Whether or not reinstatement is always available.

Held: No. In view of the finding of the illegal dismissal in this case, petitioner Corporation is liable to private respondent Calangi for payment of the latter's back wages for three years, without qualification and deduction. Considering the circumstances, however, the Court believes that reinstatement of private respondent to his former position--or to any other equivalent position in the company will not serve the both interests of the parties involved. Petitioner Corporation should not be compelled to take back into fold an employee who, at least in the minds of his employers, poses a significant threat to the lives and safety of company workers. Consequently, we hold that private respondent should be given his separation pay in lieu of such reinstatement. The amount of separation pay shall be equivalent to the private respondent's one-half month's salary for every year of service, to be computed from December 13, 1974 (date of first employment) until June 10, 1986 (three years after date of illegal dismissal).

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1 comments: on "Century Textile Mills Inc. vs. NLRC (161 SCRA 528)"

Jeff Hardy said...

good post. Now you can use this suppliers directory india to promote textile chemical import & export business.

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