G.R. NO. 167953 - DANNY MAME, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, VIRGILIO CUERPO AND NORILYN CUERPO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully prayed that the Honorable Office render a decision declaring the respondents to be liable for illegal dismissal and ordering them to: Immediately reinstate and give full backwages to the complainant; Pay complainant the following: a) holiday pay b) holiday premium pay c) service incentive leave pay d) 13th month pay Pay complainant moral and exemplary damages in a sum as the Honorable Office may deem just and equitable under the premises; Pay complainant attorney's fees. Other reliefs just and equitable under the premises are, likewise, prayed for. [4] In their Position Paper, respondents averred that petitioner walked out from his employment and abandoned his work. They had the right to call his attention since his work was deficient. Instead of being remorseful, complainant even threatened to convince his co-workers to walk out from their jobs. In her reply, respondent Norilyn denied that she terminated the employment of complainant and insulted him on September 21, 2001. Petitioner was a troublemaker and had difficulty with authority figures. On September 30, 2002, the Labor Arbiter rendered a Decision dismissing the complaint for lack of merit. The Labor Arbiter found that it was complainant who walked out on respondents when his attention was called due to his poor installation of the narra planks in the Bayot residence. He had no one to blame but himself for losing his job. [5] The dispositive portion of the decision reads: WHEREFORE, judgment is hereby rendered dismissing the complaint for illegal dismissal for lack of merit. However, respondents are ordered to pay complainant his 13th month pay, service incentive leave, and holiday pay computed at: Start Begin Mos. Min. Wage 13 th Month Pay SIL Holiday Pay TOTAL 9/29/98 12/31/98 3.1 198.00 1,329.90 1/1/99 10/30/99 10.067 198.00 4,318.60 990.00 1,980.00 10/31/99 12/31/99 2.0333 223.50 984.64 1/1/00 10/31/00 10.133 223.50 4,907.07 1,117.50 2,235.00 11/1/00 12/31/00 2 250.00 1,083.33 1/1/01 9/18/01 8.6667 250.00 4,694.44 1,500.00 36 17,317.99 2,107.50 5,715.00 25,140.49 All other claims are dismissed for lack of merit. [6] All other claims are dismissed for lack of merit. [6] Aggrieved, Mame appealed the decision to the NLRC on the following grounds: THE HONORABLE ARBITER COMMITTED SERIOUS ERROR IN COMPUTING COMPLAINANT-APPELLEE'S MONETARY AWARD ON THE BASIS OF THE MINIMUM WAGE LAW, WHEN HIS LATEST WAGE AS OF SEPT. 2001 IS P440.00 A DAY, MONEY-CLAIMS: HOLIDAY PAY, HOLIDAY PREMIUM PAY, SERVICE INCENTIVE LEAVE PAY; THE HONORABLE ARBITER COMMITTED GRAVE ABUSE OF DISCRETION BY DECLARING THAT COMPLAINANT-APPELLANT WAS NOT ILLEGALLY DISMISSED. [7] He averred that respondents failed to prove that he abandoned his job. He insisted that walking out of respondent Norilyn Cuerpo after being reprimanded does not constitute abandonment. His filing of the complaint for illegal dismissal and respondents' failure to serve him with the requisite two notices