GR 51484; (June, 1980) (Digest)
G.R. No. L-51484 June 25, 1980
AVELINO BACHILLER, petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION, HON. M. LUCAS in his capacity as LABOR ARBITER, and CANDYMAN, INCORPORATED, respondents.
FACTS
Petitioner Avelino Bachiller was employed by respondent Candyman, Incorporated as a machine operator since 1969. On April 2, 1977, he was caught sleeping on duty by his supervisor and was subsequently charged with this offense and with disrespect when he protested. The company’s legal officer proposed that Bachiller sign a promissory note not to repeat the offense, but he refused, maintaining his innocence. Consequently, the company placed him under preventive suspension and, on April 25, 1977, filed an application for clearance to terminate his employment effective that date. Bachiller filed a complaint for illegal dismissal, arguing he was dismissed without just cause and that the company failed to secure the required clearance at least ten days prior to termination as mandated by the Labor Code.
The Labor Arbiter ruled that dismissal was too severe a penalty for the offense, considering Bachiller’s long service, and ordered his reinstatement but without an award of back wages. The National Labor Relations Commission (NLRC) dismissed Bachiller’s appeal, prompting him to elevate the case to the Supreme Court via certiorari. He contended that his dismissal, effected without the requisite prior clearance, was conclusively presumed illegal, entitling him to back wages.
ISSUE
Whether the petitioner is entitled to an award of back wages following his illegal dismissal.
RULING
Yes, the Supreme Court ruled that petitioner Avelino Bachiller is entitled to back wages. The Court found his dismissal on April 25, 1977, to be illegal due to the company’s failure to secure the mandatory prior clearance from the Ministry of Labor as required under the Labor Code. This failure rendered the termination unjustified, arbitrary, and without just cause. While the Court agreed with the Labor Arbiter that dismissal was too harsh a penalty and that suspension would have been sufficient, it emphasized that the illegal act of dismissal carried financial consequences for the employee.
The Court held that back wages are granted to compensate an employee for the earnings lost due to an illegal dismissal. It is the employer’s obligation to pay the employee the full amount of salaries, wages, and other benefits he would have normally received during the period of illegal termination. The Court modified the Labor Arbiter’s decision, ordering Candyman, Incorporated to pay Bachiller back wages for a period of four months, computed from the date of his dismissal until his reinstatement. The resolution of the NLRC was set aside.