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On July 30, 2009, UTPs legal counsel sent Kemplin a UTP and Jersey argued that Kemplin was not illegally
letter informing his Employment contract has expired and terminated, for his termination was according to Art. 282
never been renewed. However, because of his past of the Labor Code, as amended, i.e., loss of trust and
services to companys clients, by coming to the office, as confidence allegedly for various and serious offenses.
such he was given monthly commissions with
allowances. However, upon closer scrutiny, in trying to justify
Kemplins dismissal on the ground of loss of trust and
But because of his inhuman treatment to the rank and confidence, [UTP and Jersey] failed to observe the
file employees which caused great damage and procedural requirements of notice and hearing, or more
prejudices to the company, a case for Grave Oral Threat particularly, the two-notice rule. It would appear that
pending Preliminary Investigation, a Summary [UTP and Jerseys] cease and desist letter compressed
Deportation and for Grave Coercion and Grave Threats the two notices in one. Besides, the various and serious
was filed. Subsequently, he received a notice from UTPs offenses alluded thereto were not legally established
counsel ordering him to cease and desist from entering before [Kemplins] separation. Ostensibly, Kemplin was
the premises of UTP offices. not confronted with these offenses and given the
opportunity to explain himself.
Kemplin filed before the NLRC a Complaint against UTP
and its officer for: (a) illegal dismissal; (b) non-payment Respondents miserably failed to discharge their onus
of salaries, 13th month and separation pay, and probandi. Hence, illegal dismissal lies.
retirement benefits; (c) payment of actual, moral and
exemplary damages and monthly commission The NLRC affirmed LA Joses Decision.
ofP200,0000.00; and (d) recovery of the company car,
which was forcibly taken from him, personal laptop, When appealed to the CA, it affirmed the disquisitions of
office paraphernalia and personal books. the LA and NLRC. Hence, this petition
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