Title
Supreme Court
Brew Master International Inc. vs. National Federation of Labor Unions
Case
G.R. No. 119243
Decision Date
Apr 17, 1997
Employee dismissed for one-month absence due to family emergency; SC ruled no intent to abandon, reinstatement without backwages upheld.

Case Digest (G.R. No. 119243)
Expanded Legal Reasoning Model

Facts:

  • Employment Background:
    • Antonio D. Estrada (complainant) was employed by Brew Master International Inc. (petitioner) on 16 September 1991 as a route helper, earning a daily wage of P119.00.
  • Absence Without Permission:
    • From 19 April 1993 to 19 May 1993, complainant was absent without permission (AWOP) for one month.
    • On 20 May 1993, petitioner sent a memo requiring complainant to explain his absence within 24 hours.
  • Complainant's Explanation:
    • Complainant explained that his absence was due to a family emergency: his wife had deserted him, leaving him to care for their children. He had to bring them to Samar, his home province, and lacked funds to inform the company.
  • Termination:
    • Petitioner found the explanation unsatisfactory and terminated complainant on 16 June 1993 for "abandonment of work," citing company rules that classify six consecutive days of unauthorized absence as abandonment.
  • Labor Case:
    • Complainant, with the National Federation of Labor Unions (NAFLU), filed a complaint for illegal dismissal, arguing that his absence was justified and that dismissal was too severe a penalty.
  • Labor Arbiter's Decision:
    • The Labor Arbiter dismissed the complaint, ruling that complainant had abandoned his work and that the termination was legal.
  • NLRC's Decision:
    • The NLRC modified the Labor Arbiter's decision, holding that dismissal was too severe for a first-time offender. It ordered complainant's reinstatement without backwages but with seniority rights and benefits intact.

Issues:

  • Whether the NLRC committed grave abuse of discretion in modifying the Labor Arbiter's decision and ordering complainant's reinstatement.
  • Whether complainant's prolonged absence constituted abandonment of work, justifying his dismissal.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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