Title
SHS Perforated Materials, Inc. vs. Diaz
Case
G.R. No. 185814
Decision Date
Oct 13, 2010
A probationary employee deemed constructively dismissed due to unlawful salary withholding, awarded separation pay and backwages; corporate officers exonerated.

Case Summary (G.R. No. 187589)

Facts of the Case

SHS, established under Philippine laws and registered with the Philippine Economic Zone Authority, hired respondent Manuel F. Diaz as a Manager for Business Development on a probationary basis from July 18, 2005, to January 18, 2006. Respondent was tasked with duties related to sales and marketing, with a compensation of P100,000 monthly. Throughout his employment, communication about work performance occurred primarily via email or phone, given petitioners' frequent absences.

Employment Performance and Resignation

The petitioners expressed dissatisfaction over respondent's poor performance, noting insufficient sales contributions. On November 30, 2005, after his salary for the period of November 16 to 30 was withheld by the petitioners, respondent submitted a letter of resignation citing illegal withholding of wages. A meeting occurred between respondent and Hartmannshenn following his resignation, where the latter expressed disappointment with various aspects of respondent's performance.

Filing of Complaint

On December 9, 2005, respondent filed a complaint alleging illegal dismissal and non-payment of wages, including 13th month pay, damages, and attorney’s fees. The Labor Arbiter found that respondent was constructively dismissed due to unlawful withholding of his salary, ordering his reinstatement and payment of backwages.

National Labor Relations Commission Ruling

The NLRC overturned the Labor Arbiter's decision, asserting that withholding respondent's salary was a valid management prerogative. The NLRC ruled that the respondent's resignation was voluntary and dismissed claims for additional wages and damages.

Court of Appeals Decision

The Court of Appeals disagreed with the NLRC, stating that withholding wages was not a valid exercise of management prerogative and noted the absence of substantial evidence supporting the petitioners' claims regarding respondent's absenteeism. It ruled that respondent’s resignation was not voluntary due to the circumstances of salary withholding and ordered separation pay and backwages, refraining from ordering reinstatement due to strained relations.

Legal Issues Presented

The petitioners raised several issues, primarily centered on whether the Court of Appeals erred in its reversal of the NLRC's decision regarding the legal basis for withholding wages, the constructive dismissal of respondent, and the personal liability of the individual petitioners.

Supreme Court's Ruling

The Supreme Court held that the findings of the CA and LA were in line with evidence that the wage withholding violated Article 116 of the Labor Code. The Court differentiated management pr

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