Dental technician 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 dental technician against Pandora Dental Equipment Corp. for illegal dismissal.
The complainant, Mr. Jesus Bareng, filed a complaint for illegal dismissal with prayer for payment of backwages, underpayment of overtime, and other benefits against the company.
The complainant was a dental equipment technician of the company. Complainant’s tour of duty was from 8:00 am up to 5:00 pm, Mondays thru Saturdays. He was required to render overtime services every time there is a need to complete the repair or installation of company’s products.
From 2004 to July 22, 2012, complainant has not been paid of his five day service incentive leave and holiday pay. Complainant received his overtime pay way below the rate expressly provided by law. Complainant performed excellent service and contributed to fast growth of the company, and has never been reprimanded, warned, or suspended during the entire years of service. And on July 2, 2012, complainant was verbally informed by the company that his services no longer needed and he was already terminated.
On the part of the company, it alleges that complainant stole one (1) Japan made airmotor low speed straight handpiece valued at P5,000. According to the company, the real intention of filing the labor case is to cover-up the complainant’s criminal acts. The company also claims that complainant has tendered his resignation.
“Respondent company imputed criminal offense against complainant based solely on the affidavits of the alleged witnesses. There is no showing that respondent company filed in Court a criminal case against herein complainant,” the Labor Arbiter said.
“It is very unlikely that complainant would simply resign voluntarily after having worked religiously for more than eight (8) years. Besides, it is illogical for complainant to voluntarily resign then file a complaint for illegal dismissal which he vigorously pursued,” the Labor Arbiter added.
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.
Research, Information and Publications Division
National Labor Relations Commission