Case Digest (G.R. No. 238859) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Elba J. Caballero vs. Vikings Commissary, et al. (G.R. No. 238859, October 19, 2022), petitioner Caballero filed a complaint before the National Labor Relations Commission (NLRC) against Vikings Commissary, Hardworkers Manpower Services, Inc., and Aime Bolongaita for illegal dismissal and non-payment of overtime, 13th month pay, separation pay, service charges, moral and exemplary damages, and attorney’s fees. Caballero was engaged as a packer at the luxury buffet restaurant Vikings beginning January 15, 2015, under a short-term contract processed through Hardworkers, whose Department of Labor and Employment Certificate of Registration purportedly qualified it as an independent contractor. Without receiving a payslip for her initial month, she signed successive contracts—from January to April 2015, May to September 2015, October 2015 to February 2016, and March to July 2016—while performing duties directed and supervised by Vikings and using its tools and premises. On April 5 Case Digest (G.R. No. 238859) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Employment Relationship
- Elba J. Caballero applied for work at Vikings Commissary and was told by Vikings’ HR to sign a three-month contract (Jan 15–Apr 15, 2015) through Hardworkers Manpower Services, Inc.; she received an ID card (valid to Mar 2016) and payslips indicating Hardworkers as employer.
- Caballero was repeatedly rehired under Hardworkers for successive fixed-term contracts as dim sum maker at Vikings: May–Sep 2015, Oct 2015–Feb 2016, and Mar–Jul 2016; Vikings provided training, tools, set procedures, strict attendance rules, and recommended dismissals; Caballero worked on Vikings’ premises and used its equipment.
- Dismissal and Procedural History
- On Apr 5, 2016, Vikings’ Executive Chef Sung Haw Law verbally told Caballero to go home, effectively terminating her without written notice, hearing, or explanation; Vikings sought her replacement that day.
- Caballero inquired at Hardworkers on Apr 7 but received no clear response; on Apr 8 she filed a complaint for illegal dismissal and unpaid benefits (overtime, 13th-month pay, separation pay, service charges, moral/exemplary damages, attorney’s fees) before the NLRC.
- Labor Arbiter dismissed her complaint; NLRC First Division modified to grant separation pay; Court of Appeals deleted separation pay and denied illegal dismissal; Caballero appealed to the Supreme Court.
Issues:
- Is Caballero a regular employee of Hardworkers or of Vikings as direct employer?
- Was Caballero illegally dismissed?
- Is Caballero entitled to backwages, attorney’s fees, and other monetary claims?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)