REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISION
QUEZON CITY

A,
Complainant,

-VersusCompany B,
Respondent.
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RESPONDENTS POSITION PAPER

-----------------------------Respondents by counsel, to the Honorable Labor Arbiter, respectfully submit the forgoing
Position Paper.
PREFATORY STATEMENT
----------------Respondent in this case is Company B, of legal age, hired as a General Manager of
Company B for the following duties and responsibilities; Project Manager, Operations,
Engineering and Maintenance Management, Finance and Administration, and Design and Value
Engineering.

STATEMENT OF THE FACT AND OF THE CASE

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1. A, as a General Manager of Company B failed to refer to the board of directors the

Audited Financial Statements from 2010-2012 indicating that company is in a critical
status and that was recommended for immediate implementation of year and closing
procedures to prevent furthermore damages and loss to the company.
2. A misrepresented the financial report from 2010 to 2012 showing that the
statements show positive results whereas the company was actually losing.
3. There was no remittance of SSS, Pag-ibig and Philhealth to the regular employees,
but in the statements provided that there was an action of deduction to employees
salaries.
4. Organizing a Conflict of Interest between C Corporation as the major stock
holder and Company B, whereas a four (4) Million worth of oversupply and Materials
was ordered by A for house construction for two (2) years. There was no house
construction by company B that incurred in the said event.
5. The request of As early retirement was declined and later dismissed her for the
reason of Gross Misconduct which she failed to refute.
6. A was given 2 extension; the first is a fifteen (15) day period to file a response against
the accusation to her. And the second was declined.

ISSUES
-----------1. Whether or not the Complainant was illegally dismissed.
2. Whether or not Complainant is entitled to all other monetary claims such as
backwages, separation pay and attorneys fees.

I.

ARGUMENTS AND DISCUSSIONS

-----------------------------COMPLAINANTS DISMISSAL WAS LEGAL

COMPLIANCE WITH PROCEDURAL AND SUBSTANTIVE DUE PROCESS

NEGATE ILLEGAL DISMISSAL
7. To validly dismissed an employee: Causes expressed in article 282of he Labor
Code and that he must be given an opportunity to be heard and defend himself.
Article 282: Termination by employer -An employer may terminate an employment
for any of the following just causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representative; and
(e) Other causes analogous to the foregoing.
7. Gross inefficiency is analogous to and closely related to gross neglect for both
involve acts or omissions on the part of the employee resulting in damage to the
employer or to his business. Where in the case above shows that A manipulated and
misrepresented the Audited Financial Statements from 2010 to 2012.
8. Disloyalty exists when one asserts an interest, or performs acts adverse to ones
employer, such as secretly engaging in a business which renders him a competitor and
rival of his employer. It constitutes a breach of an implied condition of the contract of
employment. Filing an application for early retirement when A had flaws and
misconducting his responsibilities shows that he is disloyal to the board members, to
the company, to the stock holders and to his employees as well.
9. Dishonesty. Acts of dishonesty deemed to be patently inimical to the employer is
analogous to breach of trust and is a valid cause for termination of employment. A
dishonestly ordered four million worth of oversupply and materials for construction.
None- remittance of SSS, Pag-Ibig, Philhealth and other benefits where the same
were deducted to the salaries of the employees may also be deemed as dishonest and
an act to be criminally prosecuted.

COMPLAINANT IS NOT ENTITLED TO HIS MONETARY

CLAIMS AS WELL AS DAMAGES AND ATTORNEYS FEES

10. No Separation Pay

An employee who is terminated from employment for a just cause is not entitled to
payment of separation benefits. Section 7, Rule I, Book VI, of the Omnibus Rules
Implementing the Labor Code provides:
Sec. 7. Termination of employment by employer. The just causes for terminating the services
of an employee shall be those provided in Article 282 of the Code. The separation from work of
an employee for a just cause does not entitle him to the termination pay provided in Code,
without prejudice, however, to whatever rights, benefits and privileges he may have under the
applicable individual or collective bargaining agreement with the employer or voluntary
employer policy or practice.
11. If the termination is for authorized cause but the employee was not given 30-day prior
notice, the dismissal is valid but the employer may be ordered to pay nominal
damages to dismissed employee. In Jaka Food Processing vs. Pacot, 2005, the amount
of nominal damages is P50,000.00.
12. Effects or Consequences of Termination:
If dismissal is for just cause and with prior notice and hearing, the dismissal is valid. If
the dismissal is for just cause but without prior notice and hearing, the dismissal is valid
but the employer may be required to pay nominal damages to the dismissed employee. If
there is no just cause for dismissal, whether or not there is prior notice and hearing, the
dismissal is illegal. The employee is entitled to reinstatement, backwages and damages.

PRAYER
--------It is most respectfully prayed of this Honorable Labor Arbiter that the Complaint
be dismissed for lack of merit.
Other reliefs that are just and equitable are likewise prayed for.