Hyatt Taxi Services Vs Catinoy

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Hyatt Taxi Services, Inc VS Catinoy FACTS: 2 union officers, Catinoy and Saturnino, had a fight inside the

union office, an act that violates company rules and union by-laws. The union executive board decided to place them on indefinite suspension and requested thecompany, Hyatt Taxi Services Inc., to implement it. The company place the 2 on preventive suspension for 30 days Catinoy, aggrieved by the preventive suspension since he was not the aggressor, filed a complaint for illegal suspension. After the lapse of 30 days, he reported to work but was not allowed to resume his duties. He amended his complaint to include constructive dismissal LA: found the Hyatt taxi to be guilty of illegal preventive suspension and illegal constructive dismissal Hyatt and the union appealed to the NLRC. NLRC: affirmed LA.. HOWEVER, upon MFR, the NLRC deleted the award of backwages because there was no concrete showing that the complainant was constructively dismissed CA: reinstated the LAs decision. Issue: Whether the private respondent was constructively dismissed HELD: YES. CA affirmed. Preventive suspension beyond 30 days amounts to constructive dismissal. It shows that

respondent was not taken back by petitioner Hyatt after the 30- day suspension period. Clearly, constructive dismissal had already set in when the suspension went beyond the maximum period allowed by law.

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