G.R. No. 158693. November 17, 2004

FACTS:

Private respondent Riviera Home Improvements, Inc. is engaged in the business of selling and installing ornamental and construction materials. It employed petitioners Virgilio Agabon and Jenny Agabon as gypsum board and cornice installers on January 2, 19922 until February 23, 1999 when they were dismissed for abandonment of work.

Petitioners filed a complaint for illegal dismissal and payment of money claims. They asserted that they were dismissed because the private respondent refused to give them assignments unless they agreed to work on a “pakyaw” basis. They did not agree on this arrangement because it would mean losing benefits as Social Security System (SSS) members. They also claim that private respondent did not comply with the twin requirements of notice and hearing.

The private respondent maintained that petitioners were not dismissed but had abandoned their work. The petitioners are sent two letters to the last known addresses of the petitioners advising them to report for work. They also talk to Agabon by telephone to inform them of new assignment however did not report since they subcontracted for an installation work for another company.

G.R. No. 85985 August 13, 1993

FACTS:

In 1985, PAL completely revised its 1966 Code of Discipline. The Code was circulated among the employees and was immediately implemented, and some employees were forthwith subjected to the disciplinary measures embodied therein.

PALEA filed a complaint before the NLRC for unfair labor practice due to arbitrary implementation of PAL’s Code of Discipline without notice and prior discussion with Union by Management under Article 249 and Article 253 of the Labor Code.  The Union also alleged that the copies of the Code did not conform with the requirements of sufficient publication and was circulated in limited numbers. It argues that PAL should discuss the substance of the Code with PALEA and that employees dismissed under the Code be reinstated and their cases subjected to further hearing.

G.R. No. 117040. January 27, 2000

FACTS:

Petitioner was hired by private respondent Isetann Department St. ore as a security checker to apprehend shoplifters and prevent pilferage of merchandise. Initially hired on October 4, 1984 on contractual basis, petitioner eventually became a regular employee on April 4, 1985. In 1988, he became head of the Security Checkers Section of private respondent.  Sometime in 1991, as a cost-cutting measure, private respondent decided to phase out its entire security section and engage the services of an independent security agency.

The loss of his employment prompted the petitioner to file a complaint for illegal dismissal, illegal layoff, unfair labor practice, underpayment of wages, and nonpayment of salary and overtime pay. Serrano asserts that the real purpose was to avoid payment of the wage increases provided in the collective bargaining agreement approved in 1990.

G.R. No. 82511 March 3, 1992

FACTS:

Imelda L. Salazar, employee of Globe-Mackay Cable and Delfin Salvidar, manager for technical operation’s support was allegedly very close. In 1984, an audit report indicated that Saldivar had entered into a partnership with Richard Yambao, the owner of Elecon who is a supplier of GMCR  recommended by Saldivar.

It was also disclosed that Saldivar had taken petitioner’s missing Fedders air-conditioning unit for his own personal use without authorization.

During the investigation, it appeared that  Imelda Salazar violated company regulations by involving herself in transactions conflicting with the company’s interests. Evidence showed that she signed as a witness to the articles of partnership between Yambao and Saldivar.