Saturday, March 10, 2012

Mercury Drug Coproration vs. NLRC (G.R. No. 75662)

Facts: Cesar Ladisla was employed by petitioner, Mercury Drug Corporation as Stock Analyst. On Aug. 15, 1977, he was apprehended by representatives of Mercury Drug Corporation while in the act of pilfering company property. He admitted the guilt to the investigating representatives. Mercury drug filed an application for the termination of Ladisla’s employment.

Private respondent opposed the aforesaid application for clearance to terminate his services alleging among others, that his suspension and proposed dismissal were unfounded and baseless being premised on the machinations and incriminatory acts of Ms. Leonora Suarez and Edgardo Imperial, Manager and Retail Supervisor, respectively, of petitioner's Claro M. Recto Branch; and that he was not given the opportunity to be heard nor allowed to explain his side before he was summarily suspended.

However, NLRC ruled that Ladisla should be reinstated in his former position with full back wages.

Whether or not Cesar Ladisla should be dismissed on the grounds of dishonesty and breach of contract

Held: Dismissal of a dishonest employee is to the best interest not only of management but also of labor. As a measure of self-protection against acts inimical to its interest, a company has the right to dismiss its erring employees. An employer cannot be compelled to continue in employment an employee guilty of acts inimical to its interest, justifying loss of confidence in him. The law does not impose unjust situations on either labor or management.

While the constitution is committed to the policy of social justice and the protection of laborers, it should not be supposed that labor dispute will be automatically decided in favor of labor. Management has also its own rights which are the enforcement of interest of simple fair play.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Mercury Drug Coproration vs. NLRC (G.R. No. 75662)"

Post a Comment