FACTS: Y Company is engaged in the manufacture of boilers and tanks. X worked as a welder in respondents company, X, and 3 other employees were assigned to install a smokerstack at the Big J Feedmills in Bulacan. X and his co-workers accomplished daily time records on the basis of which the wages were computed. The work as estimated to be completed in one week, but it took them two weeks to finish. Thus, X and his co employees were given notice to explain why they should not be dismissed for reporting at the jobsites at 11am and leaving the site at 2pm in violation of company rules, in view of reports that came to the office. Thus, the employee was placed under preventive suspension pending investigation. After investigation, the petitioner’s were dismissed on grounds of dishonest by falsifying time cards which allowed them to collect full salary and for insubordination. X filed a compliant for illegal dismissal with the Labor Arbiter who ruled for X. And NLRC reversed the decision. The CA affirmed the NLRC.
ISSUE: W/N there was illegal dismissal
HELD: No. The CA taking into account the findings of the NLRC, correctly concluded that there was substantial evidence showing that petitioner did not really work 8 hours a day. The validity of petitioner’s dismissal is a factual question and the rule is well settled that the findings of fact of quarrel – judicial agencies, like the NLRC, are accorded not only respect, but finally if they are supported by substantial evidence. Furthermore, the omnibus motion filed by Y Co, during the tendency of the appeal is not an admission that it is the liable for reinstatement or separation pay.
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