FACTS: Petitioner is a school and respondent UIC teaching and non-teaching personnel and employment union is the labor representative of both the teaching and non-teaching employees of the UIC. A professor was terminated after he was found guilty of improper conduct for soliciting money from students. The union filed a case for ULP and illegal suspension. He argues that the charges were established long before he was terminated and he was terminated for his union activities. Other employees were also dismissed as the school claims that there services had either become redundant or their work was unsatisfactory. So they filed complaints for illegal dismissal and ULP. The LA ruled that only the teacher was illegally dismissed. The NLRC ruled that there was no illegal dismissal and no ULP and declared all the termination as legal, some for just cause, the others for expiration of contracts. The CA affirmed the decision except for 2 employees dismissed for redundancy, which it ruled, should be reinstated.
ISSUE: W/N there was illegal dismissal and ULP
HELD: The Sc ruled that there was illegal dismissal. Factual findings are accorded great respect. In this case there was no reason to overturn their findings. Redundancy is when an employee services are in excess of that reasonably demands by the actual requirements of the enterprise. A position is redundant when it is superfluous which may be the outcome of a number of factors, like over hiring, decrease volume of business, or the dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise. There was no claim that the position had become useless or redundant such that it had to be abolished. In fact there was a replacement for the position, a student trainee who would work for free.
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