Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 80 views

    07 PLDT v. NLRC

    Uploaded by

    Paolo Miguel Arquero
    PLDT dismissed traffic operator Lettie Corpuz after she facilitated calls from a disconnected phone number. However, the NLRC ruled the dismissal was illegal as PLDT did not prove just cause. The Supreme Court affirmed, finding PLDT's evidence speculative and its investigation of Corpuz lacking due process. As a rule, the Labor Code and its regulations must be interpreted liberally in favor of labor. Dismissals require clear, substantial facts, not conjecture, to respect workers' security of tenure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    07 PLDT v. NLRC

    Uploaded by

    Paolo Miguel Arquero
    80 views1 page
    PLDT dismissed traffic operator Lettie Corpuz after she facilitated calls from a disconnected phone number. However, the NLRC ruled the dismissal was illegal as PLDT did not prove just cause. The Supreme Court affirmed, finding PLDT's evidence speculative and its investigation of Corpuz lacking due process. As a rule, the Labor Code and its regulations must be interpreted liberally in favor of labor. Dismissals require clear, substantial facts, not conjecture, to respect workers' security of tenure.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    PLDT dismissed traffic operator Lettie Corpuz after she facilitated calls from a disconnected phone number. However, the NLRC ruled the dismissal was illegal as PLDT did not prove just cause. The Supreme Court affirmed, finding PLDT's evidence speculative and its investigation of Corpuz lacking due process. As a rule, the Labor Code and its regulations must be interpreted liberally in favor of labor. Dismissals require clear, substantial facts, not conjecture, to respect workers' security of tenure.

    Copyright:

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

    07 PLDT v. NLRC

    Uploaded by

    Paolo Miguel Arquero
    PLDT dismissed traffic operator Lettie Corpuz after she facilitated calls from a disconnected phone number. However, the NLRC ruled the dismissal was illegal as PLDT did not prove just cause. The Supreme Court affirmed, finding PLDT's evidence speculative and its investigation of Corpuz lacking due process. As a rule, the Labor Code and its regulations must be interpreted liberally in favor of labor. Dismissals require clear, substantial facts, not conjecture, to respect workers' security of tenure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    [PREFERENCE FOR LABOR; LIBERAL INTERPRETATION]  While the power to dismiss is a normal prerogative of the employer, the same is

    PLDT V. NLRC not without limitations. The right of an employer to freely discharge his
    July 23, 1997 | ROMERO, J. employees is subject to regulation by the State by virtue of its police power.
     PLDT insists that Corpuz defrauded them when she serviced 56 of the 439 calls
    Petitioner/s: PLDT coming from 98-68-16 and received requests for overseas calls virtually from the
    Respondents: NLRC and Lettie Corpuz same calling number, which could not have been a mere coincidence but most
    likely was a pre-arranged undertaking in connivance with certain subscribers.
    Doctrine: In carrying out and interpreting the Labor Code and its implementing o However, the subject phone calls were neither unusual nor coincidental
    regulations, the workingman's welfare should be the paramount consideration. This as other operators shared similar experiences. The more frequent
    kind of interpretation gives meaning and substance to the liberal and compassionate handling by Corpuz of overseas calls from the same number does not
    spirit of the law as provided for in Article 4 of the Labor Code. give rise to the conclusion that she was a party to the transaction.
    o As regards PLDT’s claim that no call can be filed through a
    Facts: disconnected line, a certain Ms. Bautista averred getting the same
     Lettie Corpuz was employed as traffic operator at the Manila International Traffic subject number after going through the standard verification procedures.
    Division (MITD) by PLDT for 10 years and 9 months, from September 19, 1978, This complexity extends even to other disconnected telephone lines.
    until her dismissal on June 17, 1989. Her primary task was to facilitate requests  PLDT’s operational lapses made the irregularity possible. Exacting ultimate
    for incoming and outgoing international calls. blame on Corpuz in the absence of concrete proof is unjustified.
     Sometime in December 1987, PLDT's rank-and-file employees and telephone  This Court will not sanction a dismissal premised on mere conjectures. The
    operators went on strike, prompting the supervisors of the MITD to discharge the evidence must be substantial and not arbitrary and must be founded on clearly
    former's duties to prevent a total shutdown of its business operations. established facts sufficient to warrant separation from work.
     While in the course of their emergency assignments, two supervisors received o In termination cases, the employer bears the burden of proving that the
    two requests for overseas calls bound for different Middle East countries and dismissal is for just cause.
    both callers reported the same calling number (98-68-16). The tone verifications  The essence of due process in administrative proceedings is the opportunity to
    yielded negative results. An alternative verification system was used but the explain one's side or a chance to seek reconsideration of the action or ruling
    number remained unverified. complained of. The twin requirements of notice and hearing constitute the
     To investigate the seemingly anomalous incident, the matter was reported to the essential elements of due process. This simply means that the employer shall
    Quality Control Inspection Department (QCID). It was revealed that the subject afford the worker ample opportunity to be heard and to defend himself with the
    number was temporarily disconnected on June 10, 1987, and permanently on assistance of his representative, if he so desires.
    September 24, 1987. It also showed that 439 overseas calls were made through o Ample opportunity connotes every kind of assistance that management
    the same number between May and November 1987. must accord the employee to enable him to prepare adequately for his
    o Out of the total calls placed through the supposedly disconnected defense including legal representation.
    number, Corpuz handled 12.8%, while the other operators had an  In this case, PLDT failed to convincingly establish valid bases on the alleged
    average of only 1.8% calls each; Corpuz effected 34 calls after the serious misconduct and loss of trust and confidence.
    disconnection, and 21 other calls were cancelled; two of the cancelled  In carrying out and interpreting the Labor Code's provisions and its implementing
    calls fetched a long OCD (operator call duration) which were considered regulations, the workingman's welfare should be the paramount consideration.
    unusually protracted by PLDT for holding a connection; Corpuz made o This kind of interpretation gives meaning and substance to the liberal
    several personal calls to certain numbers, one being her home number. and compassionate spirit of the law as provided for in Article 4 of the
     The MITD Manager directed Corpuz to explain her alleged infraction, that is, Labor Code, as amended, which states that all doubts in the
    facilitating 34 calls using the disconnected number. implementation and interpretation of the Labor Code including its
    o Instead of tendering an explanation, Corpuz requested a formal implementing rules and regulations shall be resolved in favor of labor,
    investigation to allow her to confront the witnesses and rebut the proofs as well as the Constitutional mandate that the State shall afford full
    that may be brought against her. protection to labor and promote full employment opportunities for all.
     She was terminated on grounds of serious misconduct and breach of trust. Likewise, it shall guarantee the rights of all workers to security of tenure.
     Corpuz filed an illegal dismissal case. Such constitutional right should not be denied on mere speculation of
    o LA: Ordered reinstatement. any unclear and nebulous basis.
    o NLRC: Affirmed.
    Dispositive
    Issues/Ruling: WHEREFORE, in view of the foregoing, the instant petition is DISMISSED and the
    W/N Corpuz was illegally dismissed – YES. The dismissal was not justified. decision dated November 16, 1992 is AFFIRMED.

    You might also like