Title
Supreme Court
Caballero vs. Vikings Commissary
Case
G.R. No. 238859
Decision Date
Oct 19, 2022
Caballero, repeatedly hired under short-term contracts by Vikings via Hardworkers, was illegally dismissed without due process. SC ruled her a regular Viking employee, entitled to backwages, damages, and attorney's fees.

Case Digest (G.R. No. 238859)
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)

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