G.R. No. 159577. May 3, 2006.
Charlito Peñaranda was an employee of Baganga Plywood Corporation (BPC) supervising the engineering section of the steam plant boiler. In 2001, Peñaranda filed a Complaint for illegal dismissal with money claims against BPC and its general manager, Hudson Chua, before the NLRC. He alleges that his services [were] terminated without the benefit of due process and valid grounds in accordance with law. Furthermore, he was not paid his overtime pay, premium pay for working during holidays/rest days, night shift differentials and finally claims for payment of damages and attorney’s
BPC allege that complainant’s separation from service was done pursuant to Art. 283 of the Labor Code. It was on temporary closure due to repair and general maintenance and it applied for clearance with the Department of Labor and Employment, to shut down and to dismiss employees. They also pay petitioner of separation. When BPC reopened failed to reapply hence, he was not terminated from employment much less illegally.