Case Summary (G.R. No. 203185)
Antecedent Facts
Superior Maintenance Services, Inc. is a manpower agency engaged in providing janitorial services. Carlos Bermeo was hired in 1991 as a janitor and worked at several establishments, with his last assignment being at Trinoma Mall, which ended on March 30, 2008. Following this, Bermeo was reassigned to French Baker at SM Marikina on August 28, 2008. However, the client requested a replacement due to Bermeo's age of 54. Consequently, on September 5, 2008, Bermeo filed a complaint for constructive dismissal against the petitioners claiming entitlement to separation pay.
Ruling of the Labor Arbiter
In a decision dated February 6, 2009, the Labor Arbiter found that Bermeo had indeed been constructively dismissed, as no work was offered to him during the pendency of the proceedings, exceeding the floating status period. The Labor Arbiter ordered Superior Maintenance to pay Bermeo ₱183,391.98 for separation pay and unpaid 13th-month pay.
Ruling of the National Labor Relations Commission
On appeal, the National Labor Relations Commission (NLRC) reversed the Labor Arbiter's decision, ruling that Bermeo was not constructively dismissed. The NLRC found the complaint to have been prematurely filed since his floating status did not reach the six-month threshold required for constructive dismissal. However, it affirmed the 13th-month pay award.
Ruling of the Court of Appeals
Bermeo subsequently elevated the case to the Court of Appeals through a Rule 65 petition. On March 30, 2012, the CA granted the petition, reinstating the Labor Arbiter's decision and reversing the NLRC's findings. The CA held that Bermeo was constructively dismissed and entitled to separation pay.
Issue
The primary issue addressed was whether Bermeo was constructively dismissed from his employment.
Ruling of the Supreme Court
The Supreme Court ruled in favor of Bermeo, stating that the petition was meritorious. It clarified the definition of "temporary off-detail" or "floating status," noting that it occurs when employees are between assignments due to a lack of available posts from clients. The Court referenced previous cases to explain that such temporary status must not exceed six months, beyond which employees would be considered constructively dismissed if not reassigned.
Moreover, the Supreme Court critiqued the CA's reliance on previous jurisprudence, stating that the application o
...continue readingCase Syllabus (G.R. No. 203185)
Case Overview
- The case is a Petition for Review on Certiorari under Rule 45, seeking to reverse the Decision and Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 111875.
- The primary issue revolves around whether Carlos Bermeo was constructively dismissed from his employment by Superior Maintenance Services, Inc. and Mr. Gustavo Tambunting, thereby entitling him to separation pay.
Antecedent Facts
- Superior Maintenance Services, Inc. is a manpower agency providing janitorial services and had employed Carlos Bermeo as a janitor since 1991.
- Bermeo was last assigned to Trinoma Mall until his contract expired on March 30, 2008.
- On August 28, 2008, Bermeo was deployed to French Baker at SM Marikina but was requested to be replaced due to his age (54 years).
- Following this, Bermeo filed a Complaint for constructive dismissal against the petitioners on September 5, 2008.
Ruling of the Labor Arbiter (LA)
- On February 6, 2009, the LA ruled that Bermeo was constructively dismissed as he was not offered any work during the pendency of the proceedings, and his floating status had expired.
- The LA ordered Superior Maintenance to pay Bermeo a total of ₱183,391.98, which included separation pay and unpaid 13th-mo