Hyatt Taxi Services, Inc. v. Catinoy (June 26, 2001)

FACTS: Catinoy was a taxi driver of Hyatt Taxi Services, Inc. He is also a member and officer of Hyatt Taxi Employees Association, a legitimate labor organization registered with the DOLE and is the exclusive bargaining representative of all taxi drivers of the company. One day he found out that his desk was forcibly opened and he found out that it was the acting union president who opened it so an argument began that ended in blows where he was injured so he filed a criminal complaint against the president. The union asked the company to suspend them both for fighting and a memo was issued. It said that company rules and the unions by laws had been violated so they were put on indefinite suspension. Catinoy then filed a complaint for illegal suspension. After 30 days of suspension, he reported for work but he was not allowed to because of the 2 cases he filed. He then amended his complaint to constructive dismissal. The LA ruled that there was illegal dismissal and the NLRC affirmed it but did not award back wages because there was no concrete showing of illegal dismissal and it was only constructive illegal dismissal. The CA reversed it and ruled that there was illegal dismissal and awarded full back wages.


ISSUE: W/N there was illegal dismissal or constructive dismissal


HELD: The Sc ruled that there was illegal dismissal, not merely constructive dismissal. There was no justification for the deletion of the award of back wages. The factual findings of the LA, which the NLRC initially adopted, show that respondent was not taken back after the 30 days suspension. The LA appreciated the events as badges of constructive dismissal. Constructive dismissal is when the employee wants to work but cannot due to the prevailing conditions. But here, what made it impossible or unacceptable for respondent to resume work was an insistence that he first desist from filing his complaints before he be allowed to return. He refused and amended his complaint to include constructive dismissal. His refusal to yield is understandable for he has every right not to bargain away his right to prosecute his complaints in exchange for the employment to which he was in the first place rightfully entitled.