FACTS: Private respondent Fishwealth is a company engaged in the manufacture of canned sardines. The petitioners’ job was to handle and process these frozen sardines in preparation for canning. Petitioners went of unpaid sick leave with the approval of private respondents. When they returned to work after their leave, respondents refused to take them back unless they applied with an employment agency and accept new terms of employment. Petitioners filed a complaint for payment of salary differentials and separation pay. Private respondents allege that petitioners are piece-rate workers and not entitled to minimum wage. LA ruled in favor of petitioners. Private respondents filed a manifestation and motion to admit appeal fee; while petitioners moved for execution of the judgment. Although the respondent’s payment of the appeal fee and posting of the surety bond was late, the NLRC still took cognizance of their appeal and rendered a decision in favor of private respondents remanding the case to the labor arbiter. In the last 2 scheduled hearings, respondents did not submit any memorandum in support of their stand. Also they failed to appear at the hearings set by the labor arbiter.
ISSUE: W/N private respondents were denied due process.
HELD: No. They were afforded more than an adequate chance to present their evidence. Private respondents failed to appear at the last hearing set by the labor arbiter, neither did they submit their memorandum. Also, this case has been pending for more or less 7 years. To remand the case to the labor arbiter for further proceedings would be the height of injustice.
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