G.R. No. 162839. October 12, 2006

FACTS:

Natividad and Quejada’s employment were terminated by Innodata since the employment contract had expired which is effective for a fixed period of one (1) year. They filed a complaint for illegal dismissal and for damages. Claiming that their job was necessary and desirable to the usual business of the company which is data processing/conversion and that their employment is regular pursuant to Article 280 of the Labor Code.

Petitioner contends that the regularity of the employment of respondents does not depend on whether their task may be necessary or desirable in the usual business of the employer. It argues that the use of fixed-term employment contracts has long been recognized by this Court.

The Labor Arbiter rendered a judgment in favor of the complainants – Natividad and Quejada to have been illegally dismissed by Innodata and ordered to reinstate them to their former position without loss of seniority rights, and to pay them backwages computed from the time they were illegally dismissed up to the date of the decision.

G.R. No. 187722. June 10, 2013

FACTS:

Gonzaga, lineman of Surigao Del Norte Electric Cooperative, was questioned regarding his remittance shortages in the total amount of P314,252.23, covering the period from February 2000 to May 2001.

During the investigative proceedings, Gonzaga was placed under preventive suspension. The Investigation Committee found Gonzaga guilty of (a) gross and habitual neglect of duty (b) misappropriation of REC funds and (c) failure to remit collections/monies under Code of Ethics. Written notice was sent to Gonzaga informing him of the company’s decision to relieve him from employment, as well as the grounds therefor.

Gonzaga filed a complaint with the NLRC for illegal dismissal claiming that he was denied due process and dismissed without just cause. He alleged that while he was asked to explain the P314,252.23 remittance shortage, he was nonetheless denied due process since the actual grounds for his dismissal, i.e., gross and habitual neglect of duties and responsibilities, misappropriation of REC funds and failure to remit collections/monies, were not indicated in the said memorandum. He also added that the cooperative’s proper procedure for the conduct of investigation, as outlined in Section 16.5 of the Code of Ethics was not followed; hence, he was denied due process

G.R. No. 192571               July 23, 2013

FACTS:

Abbott caused the publication in a major broadsheet newspaper of its need for a Regulatory Affairs Manager, indicating therein the job description for as well as the duties and responsibilities attendant to the aforesaid position. Alcaraz signed an employment contract which specifically stated, inter alia, that she was to be placed on probation for a period of six (6) months beginning February 15, 2005 to August 14, 2005. On the day Alcaraz accepted Abbott’s employment offer, Bernardo sent her copies of Abbott’s organizational structure and her job description through e-mail. She also had undergone a pre-employment orientation and training program as part of her orientation.

In May , Alcaraz was informed and asked to tender her resignation or they be forced to terminate her services because she failed to meet the regularization standards. She then filed a complaint for illegal dismissal and damages against Abbott and its officers.

G.R. No. 128845               June 1, 2000

FACTS:

International School is a domestic educational institution established primarily for dependents of foreign diplomatic personnel and other temporary residents. The School hires both foreign and local teachers as members of its faculty – they are classified as (1) foreign-hires and (2) local-hires.

The School grants foreign-hires certain benefits not accorded local-hires. These include housing, transportation, shipping costs, taxes, and home leave travel allowance. Foreign-hires are also paid a salary rate twenty-five percent (25%) more than local-hires. The School justifies the difference on two “significant economic disadvantages” foreign-hires have to endure.