Facts:

The case revolves around Baguio Country Club Corporation (petitioner) and Jimmy Calamba (private respondent), an employee represented by the Associated Labor Union. The events occurred in Baguio City, where Calamba was employed by the Baguio Country Club starting October 1, 1979, working in various capacities such as laborer, dishwasher, and gardener. His employment was primarily on a day-to-day basis and covered a span of about 13 months, with Calamba being officially hired as a gardener during defined periods. Following his dismissal on January 4, 1981, Calamba, assisted by the union, filed a complaint with the Ministry of Labor (now Department of Labor and Employment) on August 3, 1981, for unfair labor practices, illegal dismissal, and non-payment of his 13th month pay for 1979 and 1980.

On September 15, 1982, the Executive Labor Arbiter, Sotero L. Tumang, issued a ruling declaring Calamba a regular employee and ordering his reinstatement with full backpay, benefits, and pri

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Facts:

Parties Involved:

• Petitioner: Baguio Country Club Corporation (a recreational establishment certified as an "entertainment-service" establishment).
• Respondents:
  • National Labor Relations Commission (NLRC), a government instrumentality.
  • Associated Labor Union (ALU), a registered labor organization.
  • Jimmy Calamba, an employee of Baguio Country Club Corporation.

Employment Details:

• Jimmy Calamba was employed by Baguio Country Club Corporation in various capacities:
  • October 1, 1979, to July 24, 1980: Hired as a laborer and dishwasher on a day-to-day basis.
  • September 1, 1980, to October 1, 1980: Hired as a gardener.
  • November 15, 1980, to January 4, 1981: Rehired as a gardener, after which he was dismissed.

Complaint Filed:

• On August 3, 1981, Jimmy Calamba, assisted by ALU, filed a complaint with the Ministry of Labor (now Department of Labor and Employment) for:
  • Unfair labor practice.
  • Illegal dismissal.
  • Non-payment of 13th-month pay for 1979 and 1980.

Labor Arbiter’s Decision (September 15, 1982):

• Declared Jimmy Calamba a regular employee.
• Ordered his reinstatement as a gardener without loss of seniority.
• Awarded full backwages, benefits, privileges, and 13th-month pay from the time of dismissal until reinstatement.

NLRC Resolution (June 10, 1985):

• Dismissed the petitioner’s appeal, affirming the Labor Arbiter’s decision.

Petitioner’s Arguments:

1. Jimmy Calamba was a contractual and seasonal employee, not a regular employee.
2. The Labor Arbiter’s conclusions were unsupported by evidence.
3. Prior clearance from the Ministry of Labor was not required for dismissal.
4. ALU had no legal personality to file the case on behalf of Calamba, as he was a contractual employee excluded from the bargaining unit.

Respondent’s Arguments:

• Jimmy Calamba had rendered more than one year of service, making him a regular employee.
• His work as a laborer, gardener, and dishwasher was necessary and desirable in the petitioner’s business.

Issue:

1. Whether Jimmy Calamba had attained the status of a regular employee at the time of his dismissal.
2. Whether the NLRC erred in affirming the Labor Arbiter’s decision.
3. Whether prior clearance from the Ministry of Labor was required for Calamba’s dismissal.
4. Whether ALU had the legal personality to file the case on behalf of Calamba.

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Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)