Wednesday, January 28, 2009

Fleischar Company v. NLRC [GR 121608, March 26, 2001]



FACTS:
Respondents were hired as security guards and had licenses to carry firearms. Later on they were terminated because the positions had either become redundant or because they lost their licenses. They filed a complaint for illegal dismissal. The LA ruled that there was illegal dismissal but the NLRC reversed the decision and ruled that there was no illegal dismissal. It is now argued that there is no employer –employee relationship that they have already settled.


ISSUE: W/N there is an employee-employee relationship and was there settlement.


HELD: The SC ruled that the questions raised by the parties were questions of fact. The NLRC found that there was an employer- employee relationship and this finding is accorded great respect and even finality when supported by substantial evidence. As to the settlement, the SC ruled that since the NLRC ruled that there was a settlement then this will stand as review in the SC concerning factual findings is confined to determining allegations of lack of jurisdiction or grave abuse of discretion and there was not cogent reason to disturb the findings of the NLRC.

0 comments:

Post a Comment

Pinoy Bloggers Society (PBS) PinoyBlogoSphere.com

View My Stats

Personal - Top Blogs Philippines
My BlogCatalog BlogRank
Add to Technorati Favorites
Personal Business Directory - BTS Local
blogarama - the blog directory
Personal Blogs - BlogCatalog Blog Directory
 

Copyright 2008 All Rights Reserved Revolution Two Church theme by Brian Gardner Converted into Blogger Template by Bloganol dot com