Warehouseman and helper won before NLRC-NCR Labor Arbiter for illegal dismissal

          In a Decision on January 29, 2013, an NCR Labor Arbiter ruled in favor of the warehouseman and helper against Megawide Construction Corporation for illegal dismissal.

           The complainants, Casakit and Odina, filed a complaint for illegal dismissal with prayer for reinstatement and payment of backwages and other benefits against the company.

           The complainants were employed as warehouseman and helper starting 2006 and 2008, respectively of the company. Casakit sells scrap materials in the yard to authorized buyers in accordance with the company procedure. Odina as helper does what he is directed by his superiors in the yard. Casakit’s superior selects the buyer and merely informs Casakit of the particular buyer who is authorized to pick up the sold materials at the yard.

           During compulsory arbitration of the illegal dismissal case, the company did not submit position papers to rebut the complaint for illegal dismissal despite repeated notices.

           “Settled is the rule that in termination cases, the burden of proving that the dismissal of the employee was for a valid or authorized cause rests upon the employer to show by substantial evidence that the termination of the employment of the employee was validly made and failure to discharge that duty would mean that the dismissal is not justifiable and therefore illegal,” the Labor Arbiter ruled.

           “On the part of the respondents, they forfeited their right to resist complainants’ claims, when despite repeated orders from this Office, respondents steadfastly refused to honor the order and directive of this Office for them to file the required position paper,” the Labor Arbiter added.

           “It appears, therefore, that respondents’ failure to file any responsive pleading was but a well planned strategy to gain more time to delay the disposition of this case,” the Labor Arbiter noted.

           The Labor Arbiter has exclusive jurisdiction over illegal dismissal, money claims and other claims arising from employer-employee relationship.

           If no appeal is filed, the decision or order of the Labor Arbiter becomes final and executory after ten (10) calendar days from receipt thereof.

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Research, Information and Publications Division

National Labor Relations Commission

781-7881/740-7730

  

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