Case Digest (G.R. No. L-34232)
Facts:
Roberto Segismundo and Rogelio Montalvo v. National Labor Relations Commission (Second Division) and Associated Freight Consolidators, Inc., G.R. No. 112203, December 13, 1994, Supreme Court Third Division, Bidin, J., writing for the Court.Petitioners Roberto Segismundo and Rogelio Montalvo were regular employees of private respondent Associated Freight Consolidators, Inc. (AFCO), which operated an air freight forwarding and door-to-door delivery business. Segismundo served as a driver and Montalvo as a loader/helper; they worked together as a delivery team.
Beginning in 1988 AFCO received mounting complaints from consignees about missing items in packages delivered by its personnel. AFCO investigated and tabulated 27 pilferage complaints from August 1988 to February 1989, six of which implicated packages delivered by petitioners' delivery team. Following its inquiry, AFCO's general manager convened a meeting of all delivery personnel on February 17, 1989; petitioners denied involvement and were allowed to inspect the investigative records. That same day they were served notices placing them under preventive suspension effective February 18, 1989. On March 15, 1989 AFCO formally terminated petitioners' services without conducting a separate formal hearing.
On May 8, 1989 petitioners filed a complaint for illegal suspension and dismissal alleging lack of just cause and denial of due process. On December 5, 1990 the Labor Arbiter rendered judgment in favor of petitioners ordering reinstatement with backwages, damages and attorney's fees. Private respondent AFCO appealed to the National Labor Relations Commission (NLRC). On September 30, 1993 the NLRC (Second Division) reversed the Labor Arbiter and upheld petitioners' dismissal as v...(Subscriber-Only)
Issues:
- Was the dismissal of petitioners for pilferage supported by just cause?
- Was petitioners' dismissal effected with the required due pro...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)