TL;DR — Ruling
WHEREFORE , the complaint for illegal dismissal is GRANTED. Respondent RMB Royal Master Bee, Inc., doing business under the name and style King Chef Restaurant, is hereby ordered to pay complainants the sum of Php359,210.77, to wit: 1.
Accordingly, petitioners filed their complaint for illegal dismissal, underpayment of salaries, non-payment of salaries and thirteenth month pay, damages, and attorney's fees. [14] Respondents denied that petitioners were dismissed from work. They argued that petitioners violated the December 22, 2011 memorandum informing the employees of King Chef that no absences would be allowed on December 25, 26, 31 and January 1 unless justified. [15] After petitioners failed to report for work on December 25, 2011, and returned the following day merely to get their share in the accrued tips, they allegedly went on absence without leave (AWOL) for the rest of the Christmas season. [16] Respondents believed petitioners went on AWOL after they got wind of respondents' decision to impose disciplinary action against them for their unauthorized absence on December 25, 2011. [17] Respondents claimed that even before they could impose disciplinary action on petitioners, the latter already filed a complaint for illegal dismissal against them on January 2, 2012. [18] Ruling of the Labor Arbiter (LA): In its October 29, 2012 Decision, [19] the LA found petitioners to have been illegally dismissed. [20] The Arbiter held that the respondents failed to prove that petitioners indeed went on AWOL. [21] Likewise, there was no proof that petitioners received a copy of the December 22, 2011 memorandum. [22] And since there was no directive to work on December 25, 2011, petitioners "had all the reason not to report for work" as it was Christmas day. [23] In any case, the LA held that petitioners' absence should not have warranted their dismissal. [24] The dispositive portion of the Decision reads: WHEREFORE , the complaint for illegal dismissal is GRANTED. Respondent RMB Royal Master Bee, Inc., doing business under the name and style King Chef Restaurant, is hereby ordered to pay complainants the sum of Php359,210.77, to wit: 1. Efren Santos, Jr. Php 163,291.26 2. Jeramil [Salmasan] Php163,291.26 representing: 1. Full [b]ackwages computed from the time of their dismissal up to finality of this decision; 2. Separation pay equivalent to one month['s] wage for every year of service it being understood that six months shall be considered one full year; 3. Wage differentials; and 4. Attorney's fees equivalent to ten (10%) percent of the total, or in the sum of Php32,628.25 monetary award. All other claims are dismissed for lack of merit. The computation hereto attached is made an integral part of this decision. SO ORDERED.