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    58.golden Thread Knitting Industries, Inc Et Al. v. NLRC

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    Kenny Robert's
    - Four complaints were filed against Golden Thread Knitting Industries by employees involving unfair labor practices, illegal dismissal, unpaid overtime and holiday pay, illegal work rotation, and reduction of working days. - The employees had organized a labor union and some union members and officers were suspended, dismissed, or had their work days reduced. - The Court ruled that the dismissals of employees for alleged misconduct and redundancy were invalid because they were not proven and notice requirements were not followed. Dismissal is the ultimate penalty for employees and must be based on clear grounds and comply with labor laws.

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    58.golden Thread Knitting Industries, Inc Et Al. v. NLRC

    Uploaded by

    Kenny Robert's
    131 views2 pages
    - Four complaints were filed against Golden Thread Knitting Industries by employees involving unfair labor practices, illegal dismissal, unpaid overtime and holiday pay, illegal work rotation, and reduction of working days. - The employees had organized a labor union and some union members and officers were suspended, dismissed, or had their work days reduced. - The Court ruled that the dismissals of employees for alleged misconduct and redundancy were invalid because they were not proven and notice requirements were not followed. Dismissal is the ultimate penalty for employees and must be based on clear grounds and comply with labor laws.

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    Labor case

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    58.Golden Thread Knitting Industries, Inc Et Al. v. NLRC

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    - Four complaints were filed against Golden Thread Knitting Industries by employees involving unfair labor practices, illegal dismissal, unpaid overtime and holiday pay, illegal work rotation, and reduction of working days. - The employees had organized a labor union and some union members and officers were suspended, dismissed, or had their work days reduced. - The Court ruled that the dismissals of employees for alleged misconduct and redundancy were invalid because they were not proven and notice requirements were not followed. Dismissal is the ultimate penalty for employees and must be based on clear grounds and comply with labor laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views2 pages

    58.golden Thread Knitting Industries, Inc Et Al. v. NLRC

    Uploaded by

    Kenny Robert's
    - Four complaints were filed against Golden Thread Knitting Industries by employees involving unfair labor practices, illegal dismissal, unpaid overtime and holiday pay, illegal work rotation, and reduction of working days. - The employees had organized a labor union and some union members and officers were suspended, dismissed, or had their work days reduced. - The Court ruled that the dismissals of employees for alleged misconduct and redundancy were invalid because they were not proven and notice requirements were not followed. Dismissal is the ultimate penalty for employees and must be based on clear grounds and comply with labor laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    58. Golden Thread Knitting Industries, Inc Et al. V.

    NLRC

    Facts: Four separate complaints were filed against petitioners Golden Thread Knitting Industries, Inc., George NG and Wilfredo Bico by their employees the herein private respondents involving ULP, Illegal dismissal, overtime pay, holiday pay, illegal rotation, reduction of working days, fabrication/frame- up of union member and union busting. The complainant alleged that in the first week of May 1992 they organized a labor union. The wife of the union chairman, was dismisses from employment as sewer and the chairman itself suspended from work as knitting operator. Petitioners shortened the number of working days of the union officers and members from six to three days a week. On July 1992 the union filed a petition for certification election. Union members or three of the respondents were barred from entering the company premises. The other officers were dismissed and suspended from work. Petitioner contended that they resorted to rotation of work, which affected practically all employees, because the low demand for their towels and shirts. Petitioners also avowed that they validly dismissed five of the complainants. Labor Arbiter partly ruled in favor of the complainants. On the issue of ULP, he opined that the reduction of working days and suspension or dismissal of union officers or members were not shown to have been done in retaliation to the complainants act of organizing a union, he noted that those events transpired before petitioners came to know about the existence of the union which was in the later part of 1992 they received the notice of hearing on the petition for certification election. Moreover, he was convinced that the reduction of working days which was companywide was brought about by the low demand for companys product. With respect to the dismissals of respondents Albasin, Macaspac, Rivera, and Balbino, the Labor Arbiter upheld on the validity thereof except that Rivera and Macaspac should be paid separation pay. The petitioners maintained that valid causes exist for the termination of the five complainants the act of which constituted serious misconduct and also due to redundancy. Issue: WON the dismissals are valid. Held: The Court ruled with respect to the private respondents dismissal that were charged of misconduct by slashing the towel as seen by the security guard is without due course because it was not proven and the respondents were not given the opportunity to explain their sides. With respect to the respondents who were dismissed on the ground of redundancy is also out of validity it was not also proven that petitioners are experiencing financial reverses and the notice requirement for its termination did not comply by the petitioners. For the respondent who were dismissed on the ground of disrespecting the employer and subsequently provoked by the latter, the penalty did not commensurate with the act of the respondents. Dismissal is the ultimate penalty that can be meted to an employee. It must therefore be based on a clear and not on an ambiguous or ambivalent ground. From our

    assessment of the records, we find that petitioners exercised their authority to dismiss without due regard to the pertinent exacting provisions of the Labor Code. The right to terminate should be utilized with extreme caution because its immediate effect is to put an end to an employee's present means of livelihood while its distant effect, upon a subsequent finding of illegal dismissal, is just as pernicious to the employer who will most likely be required to reinstate the subject employee and grant him full back wages and other benefits

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