G.R. No. 120473 - ULTRA VILLA FOOD HAUS, AND/OR ROSIE TIO, VS. RENATO GENISTON, NATIONAL LABOR RELATIONS COMMISSION PRESIDING COMMISSIONER (4TH DIVISION). D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, private respondent was paid P65.00 a day in 1989 which was gradually increased to P70.00 then to P90.00. Private respondent was likewise given free meals as well as 13th month pay at the end of the year. Petitioner denied dismissing private respondent whom she claimed abandoned his job. Though well aware that May 12, 1992 was a holiday, petitioner called up private respondent that day to ask him to report for work as she had some important matters to attend to. Private respondent's wife, however, coldly told petitioner that private respondent was helping in the counting of ballots. Petitioner was thus forced to hire another driver to replace private respondent. Private respondent came back a week after but only to collect his salary. The Labor Arbiter found that private respondent was indeed petitioner's personal driver. Private respondent's claim that he was an employee of the Ultra Villa Food Haus was deemed by the Labor Arbiter to be a mere afterthought, considering that: x x x. In his verified complaint, complainant states that the nature of his work position was a driver. If it [were] true that he was made to perform these functions as a waiter, it would be incongruous with the position of a driver. The nature of the position of a waiter is one that requires him to be at the place of work at all times while that of a driver, complainant had to be away from the restaurant at all times. At any rate, an admission is made that he was only a personal driver of the individual respondent. [1] The "admission" referred to above is contained in the mandatory conference order issued by the Labor Arbiter on January 10, 1994, to wit: Also on this date, the following matters were threshed out: That complainant started his employment with the individual respondent as the latter's personal driver on March 1, 1989 and the last day of his service was on May 13, 1992; [2] The Labor Arbiter concluded that private respondent, being a personal driver, was not entitled to overtime pay, premium pay, service incentive leave pay and 13th month pay. Private respondent's claim for salary differential was likewise denied since he "received a daily salary of P90.00 which is more than that set by law." [3] Neither was private respondent awarded separation pay. While the hiring of a substitute driver amounted to a constructive dismissal, the Labor Arbiter ruled that the same was justified in view of petitioner's "dire need" for the services of a driver. The Labor Arbiter, however, noted that petitioner failed to comply with procedural due process in dismissing private respondent and thus ordered the former to indemnify the latter the amount of P1,000.00. The dispositive portion of the Labor Arbiter's decision states: WHEREFORE, in the light of the foregoing premises, judgment is rendered finding complainant's dismissal for a valid cause. Complaint is hereby ordered dismissed. However, respondent is directed to indemnify complainant the amount of P1,000.00 for