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    Leiden Fernandez, Et. Al. vs. National Labor Relations Commission G.R. No. 105892 January 28, 1998

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    Michelle Fajardo
    This case involves a consolidated complaint filed by petitioners Fernandez, et. al against private respondent Agencia Cebuana-H. Lhuillier for illegal dismissal. The petitioners alleged they demanded a salary increase and informed the private respondent they would join a labor union. The private respondent claims the petitioners abandoned their jobs or committed anomalies. The court found some petitioners were illegally dismissed. While recommending reinstating the labor arbiter's decision, the solicitor general recommended limiting the award of service incentive leave to three years. However, the court ruled the back wages, allowances, and service incentive leave of petitioners should not be limited to three years under the law. Petitioners are entitled to

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    Leiden Fernandez, Et. Al. vs. National Labor Relations Commission G.R. No. 105892 January 28, 1998

    Uploaded by

    Michelle Fajardo
    14 views1 page
    This case involves a consolidated complaint filed by petitioners Fernandez, et. al against private respondent Agencia Cebuana-H. Lhuillier for illegal dismissal. The petitioners alleged they demanded a salary increase and informed the private respondent they would join a labor union. The private respondent claims the petitioners abandoned their jobs or committed anomalies. The court found some petitioners were illegally dismissed. While recommending reinstating the labor arbiter's decision, the solicitor general recommended limiting the award of service incentive leave to three years. However, the court ruled the back wages, allowances, and service incentive leave of petitioners should not be limited to three years under the law. Petitioners are entitled to

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    This case involves a consolidated complaint filed by petitioners Fernandez, et. al against private respondent Agencia Cebuana-H. Lhuillier for illegal dismissal. The petitioners alleged they demanded a salary increase and informed the private respondent they would join a labor union. The private respondent claims the petitioners abandoned their jobs or committed anomalies. The court found some petitioners were illegally dismissed. While recommending reinstating the labor arbiter's decision, the solicitor general recommended limiting the award of service incentive leave to three years. However, the court ruled the back wages, allowances, and service incentive leave of petitioners should not be limited to three years under the law. Petitioners are entitled to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    14 views1 page

    Leiden Fernandez, Et. Al. vs. National Labor Relations Commission G.R. No. 105892 January 28, 1998

    Uploaded by

    Michelle Fajardo
    This case involves a consolidated complaint filed by petitioners Fernandez, et. al against private respondent Agencia Cebuana-H. Lhuillier for illegal dismissal. The petitioners alleged they demanded a salary increase and informed the private respondent they would join a labor union. The private respondent claims the petitioners abandoned their jobs or committed anomalies. The court found some petitioners were illegally dismissed. While recommending reinstating the labor arbiter's decision, the solicitor general recommended limiting the award of service incentive leave to three years. However, the court ruled the back wages, allowances, and service incentive leave of petitioners should not be limited to three years under the law. Petitioners are entitled to

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    © All Rights Reserved
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    Leiden Fernandez, et. Al. vs.

    National Labor Relations Commission


    G.R. No. 105892
    January 28, 1998

    Facts:
    The case stems from a consolidated complaint against private respondents Agencia
    Cebuana-H. Lhuillier and/or Margueritte Lhuillier (Lhuillier) for illegal dismissal. The petitioners,
    Fernandez, et.al alleged that prior to and during early July 1990, they ‘demanded’ from the private
    respondent an increase in their salaries since her business was making good and that she was
    evading the payment of taxes by declaring false items in her account. For Lim and Canonigo
    however, they alleged that they also “demanded” for an increase in their salaries due to the progress
    of the business, the false statement of the private respondent in her account and they informed the
    latter that they were going to join the Associated Labor Union. The private respondent contends
    that the petitioners were not illegally dismissed but they abandoned their employment and some
    of the petitioners were alleged by the private respondent to have committed anomalies against the
    company. It was eventually proven that some of the petitioners were in fact illegally dismissed by
    the private respondent to which they are entitled to their back wages inclusive of allowances and
    other benefits or their monetary equivalent. However, upon recommending that the labor arbiter’s
    decision be reinstated substantially, the solicitor general recommended that the award of service
    incentive leave be limited to three years.

    Issue:
    Whether or not the petitioner’s back wages inclusive of allowances and other benefits such
    as service incentive leave should only be limited to three years.

    Ruling:
    No, the back wages, allowances and service incentive leave due to the petitioners
    should not be limited to three years.
    Section 2, Rule V, Book III of the Implementing Rules and Regulations, provides that
    “every employee who has rendered at least one year of service shall be entitled to a yearly service
    incentive leave of five days with pay.” Service incentive leave is a right which accrues to ever
    employee who has served for 12 months or 1 year. It is also commutable to its money equivalent
    if not used or exhausted at the end of the year. He may use it as leave days or he may collect its
    monetary value. To limit the award to three years, as the solicitor general recommends, is to
    impair the rights of the petitioners to the service incentive leave. Regarding the illegal dismissal
    of the petitioners, they are entitled to reinstatement without loss of seniority rights and other
    privileges and to their full backwages, inclusive of allowances, and to their other benefits or their
    monetary equivalent computed from the time their compensation was withheld from them up to
    the time of their actual reinstatement, in accordance with Article 279 of the Labor Code.

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