G.R. No. 175251. May 30, 2011
Luna filed a complaint before the Executive Labor Arbiter, alleging that he continuously rendered services as a warehouseman and a timekeeper in every construction project undertaken by Allado Construction. Sometime in 2001, he was given a travel order to proceed to [respondents’] main office in Davao City for reassignment. Upon arrival at the office, he was ordered to sign several sets of “Contract of Project Employment”. He refused to sign the said contracts. Because of his refusal, he was not given a reassignment or any other work.
Respondents, on the other hand, alleged that petitioner applied for a leave of absence which was granted. Upon expiration of his leave, he was advised to report to the company’s project in Sarangani Province. However, he refused and claimed instead that he had been dismissed illegally.
Labor Arbiter dismissed petitioner’s complaint finding that he was deemed to have resigned but ordered Allado Construction to pay him the amount of P18,000.00 by way of financial assistance. Only respondents interposed an appeal with the NLRC, purely for the purpose of questioning the validity of the grant of financial assistance made by the Labor Arbiter.