Title
GSP Manufacturing Corp. vs. Cabanban
Case
G.R. No. 150454
Decision Date
Jul 14, 2006
A sewer filed for illegal dismissal after alleged termination for her daughter working at a competitor; courts ruled in her favor, rejecting abandonment claims.

Case Summary (G.R. No. 150454)

Factual Background

Respondent Paulina Cabanban was employed by GSP Manufacturing Corporation as a sewer from February 7, 1985, until her alleged termination on March 1, 1992. Following her dismissal, Cabanban filed a complaint against the petitioners on June 16, 1992, asserting illegal dismissal and non-payment of holiday pay, service incentive leave pay, and 13th month pay. She contended that she was terminated for failing to persuade her daughter not to work for Sylvia Santos Company, a competitor of GSP. In defense, the petitioners argued that Cabanban abandoned her job on March 14, 1992, a claim they reported to the Department of Labor and Employment on May 15, 1992.

Initial Labor Arbiter's Decision

On May 7, 1993, Labor Arbiter Melquiades Sol D. del Rosario ruled in favor of Cabanban, finding the petitioners guilty of illegal dismissal. The petitioners subsequently appealed this decision to the NLRC. In a resolution dated August 10, 1995, the NLRC confirmed the labor arbiter's ruling in its entirety.

Petitioners' Arguments on Appeal

In their petition for review on certiorari, the petitioners contested the factual findings of the Court of Appeals, which had affirmed the labor arbiter's decision. They specifically challenged the assessment of the evidence, arguing that the conclusions were based on statements made only in the respondent's affidavit and were made arbitrarily.

Court’s Ruling on Factual Findings

The Supreme Court stated that the factual findings of the NLRC are binding, particularly when aligned with those of the labor arbiter, provided that there is no unfairness or arbitrariness in the evaluation of evidence. After examining the records, the Court found no proof of arbitrariness and reiterated principles regarding abandonment of employment.

Abandonment and Employment Duties

The Court clarified that abandonment as a just cause for dismissal necessitates a clear and unjustified refusal by the employee to fulfill their job responsibilities. It noted that mere absence, especially without a formal notice to return to work from the employer, does not constitute abandonment. It also established that the act of filing a complaint for illegal dismissal is incompatible with a claim of abandonment, as it demonstrates the employee's intent to return to work.

Timeliness of Filing the Complaint

The Supreme Court dismi

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