Preview

Case Digest

Satisfactory Essays
Open Document
Open Document
391 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Digest
Cyruz P. Tuppal
2011-0134

Case Title: STARLITE VS NLRC
G.R. No.: G.R. No. 78491
Date: March 16, 1989
Petitioner: Starlite Plastic Industrial Corporation
Respondent: National Labor Relations Commission and Edgar Gomez
Ponente: J. Cortes

Facts:

Private respondent GOMEZ was employed as a factory worker by STARLITE sometime in March 1981. On 22 June 1984, STARLITE dismissed him on the ground that he was caught attempting to steal one ballast costing P80.00. STARLITE reported the matter to the police on 19 July 1984, after grievance meetings failed to resolve the controversy. A criminal complaint was filed against GOMEZ, but the investigating fiscal dismissed the same saying that STARLITE failed to establish a prima facie case against GOMEZ. On 13 August 1983, private respondent GOMEZ filed a complaint for illegal dismissal against STARLITE. After the parties submitted their respective position papers, the Labor Arbiter rendered his decision on 15 January 1985 dismissing the complaint for lack of merit. GOMEZ appealed the decision to the public respondent NLRC which in a decision dated 18 February 1987 reversed the ruling of the Labor Arbiter.

Issue:

WON decision of the NLRC was rendered in grave abuse of discretion petitioner argues that the act of dishonesty of GOMEZ led petitioner to lose its trust and confidence in him and is more than sufficient to justify his dismissal. Private respondent GOMEZ appealed the decision to public respondent NLRC which, on 18 February 1987, reversed the ruling of the Labor Arbiter, holding that the facts on record did not support the Labor Arbiter's conclusion.

Held:

The Court finds petitioner's contentions unmeritorious. At the outset, the Court finds it necessary to emphasize that contrary to the tenor of the Labor Arbiter's decision, a dismissed employee is not required to prove his innocence of the charges levelled against him by his employer. The Court has laid down the rule

You May Also Find These Documents Helpful

  • Good Essays

    ISSUE: (One or two sentences about what the case is trying to answer – should be in the form of a question). Were the actions of Mrs. Mitchell constituted misconduct under § 59-90-5(b), N.M.S.A.1953?…

    • 340 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Case Briefing

    • 774 Words
    • 4 Pages

    Continental Airlines, Inc. v. McDonnell Douglas Corporation, 216 Cal.App.3d 3888, 264 Cal.Rptr. 779 [1](1990) Court of Appeals of California.…

    • 774 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    OUTCOME: The court affirmed the judgment of the trial court, finding no abuse of discretion in the reduction of the duration of a covenant not to compete against appellee, former employee, where hardship to appellee by reinstatement of the expired injunction was a more onerous burden than was required to protect the business of appellant.…

    • 322 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    “judgment is properly granted when there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(c). A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established. Cal. Civ. Proc. Code § 437(o)(2). Once the moving party defendant meets its burden, the burden shifts to the plaintiff to show a triable issue of material fact exists. Cal. Civ. Proc. Code § 437c(o)(2). On appeal, the reviewing court exercises its independent judgment, deciding whether undisputed facts have been established that negate the opposing party's claim or state a complete defense. Cal. Lab. Code § 2922 establishes the presumption that an employer may terminate its employees at will, for any or no reason. A fortiori, the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment”.…

    • 447 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Usyd Claw1001 Paper

    • 1128 Words
    • 5 Pages

    'Appellants were employed by the respondent as baggage handler at Sydney Airport, they were dismissed from their employment' for stealing funds. 'Appellants sought an order for imposition of penalty and payment of penalty to them.' Trial judge found out respondents in 'terminating the appellants’ employment was not harsh, unjust or unreasonable and dismissed the claims.' 'The Full Court held that it was contrary however appellants were still not entitled to damages for breach of contract.'…

    • 1128 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Case Briefing

    • 953 Words
    • 4 Pages

    Kenneth Rokicki was charged and convicted of a hate crime based on the predicate offense of disorderly conduct. Before the case went to trial, Rokicki moved to dismiss the charges alleging, among other things, that the hate crime statute was unconstitutional. His motion was denied. Upon waving his right to a jury trial, Rokicki’s case proceeded to bench trial where he received a sentence of two years of probation, anger management counseling, and 100 hours of…

    • 953 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Homework Case

    • 375 Words
    • 2 Pages

    To dismiss the amended complaint and the motion of TI for reconsideration of its motion to dismiss for lack of personal…

    • 375 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Case Study 2 1 Assignment

    • 595 Words
    • 2 Pages

    2.) Fortin’s supervisor had no knowledge of her union activity but laid her off on the basis of her poor performance evaluation. Give reasons why a court should uphold or override the supervisor’s decision.…

    • 595 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Work Choices Case

    • 4012 Words
    • 17 Pages

    Buckland, Andrew and Bennett, David, ‘The Work Choices Decision Litigation Notes’ (2006) 14 Australian Government Solicitor 1, 2…

    • 4012 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Case management

    • 923 Words
    • 4 Pages

    Case management has become the standard method of managing health care delivery systems today. In recent decades, case management has become widespread throughout healthcare areas, professionals, and models in the United States; and it has been extended to a wide range of clients (Park &ump; Huber, 2009). The primary goal of case management is to deliver quality care to patients in the most cost effective approach by managing human and material resources. The focus of this paper is on the concept of case management and how it developed historically, the definition of case management, the components of case management, and how it relates to other nursing care delivery models.…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    business law

    • 343 Words
    • 1 Page

    Nancy Johnston, appellant, brought suit against her employer, Del mar Distributing Co., Inc., appellee, alleging that her employment had been wrongfully terminated. Del Mar filed a motion for summary judgment in the trial court alleging that appellant’s pleadings failed to state a cause of action. After a hearing on the motion, the trial agreed with Del Mar and granted its motion for summary judgment.…

    • 343 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Miss

    • 1513 Words
    • 7 Pages

    * Any employee, who believes they have been mistreated or unfairly dismissed, has the right to take their case to a Tribunal, as long as certain rules are met about how long they have been employed.…

    • 1513 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Workplace Discrimination

    • 678 Words
    • 3 Pages

    While discrimination in the workplace has become more difficult to identify, Americans can rely on several federal laws that prohibits job discrimination. In the hiring and terminating process, employers need to be fully aware of the correct legal course of action to avoid discrimination practices. John is an employee in a private sector organization that has strong resistance to enforcement of existing discrimination laws. He wants to file a discrimination complaint against his employer. Based on this scenario, the entire discrimination complaint and civil litigation process will be discussed as it applies to an employee and employer in a private sector organization.…

    • 678 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Labor Arbiter (LA) Francisco Robles dismissed Loreta’s complaint for lack of merit. He found it more probable that Loreta was dismissed from her employment due to Wensha’s loss of trust and confidence in her.…

    • 816 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Crim Digest Cases

    • 5681 Words
    • 23 Pages

    The Sandiganbayan convicted Mayor Fidel Salamera of Casiguran Aurora for the crime of Malversation of Public Property. This was about the Smith & Wesson revolver gun that was mortgaged to him by barangay chairman Antonio Benavidez. The said gun was owned and licensed to Ponciano Benavidez. When the owner demanded the return of his gun the latter cannot produce the item because it was conficted by the police during the checkpoint when Mayor Salamera and his security went to manila. Ponciano Benavidez filed a complaint for theft against the mayor before the sandiganbayan.…

    • 5681 Words
    • 23 Pages
    Good Essays