Case Digest (G.R. No. 169173)
Facts:
This is M+W Zander Philippines, Inc. and Rolf Wiltschek v. Trinidad M. Enriquez, G.R. No. 169173, June 05, 2009, First Division of the Supreme Court, Puno, C.J., writing for the Court.
Respondent Trinidad M. Enriquez was hired by petitioner M+W Zander Philippines, Inc. on June 4, 2001 as a probationary Administration Manager and Executive Assistant to the General Manager and was confirmed as a permanent employee on December 4, 2001. Her duties included supervising administrative personnel, monitoring attendance and security, handling company property and supplies, and serving as liaison and scheduler for the General Manager. In January 2002, Rolf Wiltschek was appointed Acting General Manager; on January 31, 2002, 29 employees (including Enriquez) signed a Letter of Appeal opposing his appointment. A number of employees did not report for work on February 1, 2002.
Petitioners alleged that Enriquez actively solicited signatures for the Letter of Appeal and used her influence to induce subordinates to participate in the “no work day.” They submitted affidavits from several employees to that effect and placed Enriquez under a 15-working-day preventive suspension while conducting an administrative investigation. Enriquez denied coercion in a written statement and produced signed affidavits from several subordinates saying they were not advised or prevailed upon by her not to report for work. One employee, Allan O. Rivera, later admitted he instigated the no-work-day; another subordinate, Stanley Mosende, claimed Enriquez influenced him not to report, but attendance records showed Mosende signed in that day.
On March 1, 2002, M+W Zander issued a Notice of Termination to Enriquez for “willful breach of trust and confidence” in using her authority to stage the no-work-day. Enriquez filed a complaint for illegal dismissal with the Arbitration Office. The Labor Arbiter declared the dismissal illegal, ordered reinstatement without loss of seniority, full backwages and benefits, and awarded moral and exemplary damages and attorney’s fees. The National Labor Relations Commission (NLRC) reversed, finding no illegal dismissal. The Court of Appeals (CA) in CA G.R. SP No. 87597 reversed t...(Pro-only)
Issues:
- Was respondent Enriquez illegally dismissed by petitioners?
- If illegally dismissed, are moral damages and attorney’s fees properly awardable?
- Should respondent Wiltschek be held personally liable together with M+W Zander for the ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)