1) An unregistered agricultural association that was formed to collectively deal with a banana company on issues like technical services and maintenance could be considered an employer under Philippine law, even if it does not legally exist.
2) The Orlando Farm Growers Association, an unregistered association of landowners producing bananas, was found to be a joint and solidary employer along with its responsible officers for over 20 farm workers that were dismissed.
3) The National Labor Relations Commission affirmed the labor arbiter's decision ordering reinstatement of the workers and payment of back wages, but remanded it back to specify the amount each worker was entitled to.
1) An unregistered agricultural association that was formed to collectively deal with a banana company on issues like technical services and maintenance could be considered an employer under Philippine law, even if it does not legally exist.
2) The Orlando Farm Growers Association, an unregistered association of landowners producing bananas, was found to be a joint and solidary employer along with its responsible officers for over 20 farm workers that were dismissed.
3) The National Labor Relations Commission affirmed the labor arbiter's decision ordering reinstatement of the workers and payment of back wages, but remanded it back to specify the amount each worker was entitled to.
1) An unregistered agricultural association that was formed to collectively deal with a banana company on issues like technical services and maintenance could be considered an employer under Philippine law, even if it does not legally exist.
2) The Orlando Farm Growers Association, an unregistered association of landowners producing bananas, was found to be a joint and solidary employer along with its responsible officers for over 20 farm workers that were dismissed.
3) The National Labor Relations Commission affirmed the labor arbiter's decision ordering reinstatement of the workers and payment of back wages, but remanded it back to specify the amount each worker was entitled to.
1) An unregistered agricultural association that was formed to collectively deal with a banana company on issues like technical services and maintenance could be considered an employer under Philippine law, even if it does not legally exist.
2) The Orlando Farm Growers Association, an unregistered association of landowners producing bananas, was found to be a joint and solidary employer along with its responsible officers for over 20 farm workers that were dismissed.
3) The National Labor Relations Commission affirmed the labor arbiter's decision ordering reinstatement of the workers and payment of back wages, but remanded it back to specify the amount each worker was entitled to.
ORLANDO FARM GROWERS ASSOCIATION/GLICERIO AÑOVER vs. NLRC
GR No. 129076 November 25, 1998
Petitioner contends that being an unregistered association and having been
formed solely to serve as an effective medium for dealing collectively with Facts: Stanfilco and not existing in law, it cannot be considered an employer. Petitioner Orlando Farm Growers Association (An over is the president) is an Issue: association of landowners engaged in the production of export quality bananas located in Kinamayan, Sto. Tomas, Davao del Norte, established for Whether or not an unregistered association may be an employer the sole purpose of dealing collectively with Stanfilco on matters concerning independent of the respective members it represents technical services, canal maintenance, irrigation and pest control, among others.
Respondents (about 20 complainants) hired as farm workers by several Held:
member-landowners but, nonetheless, were made to perform functions as YES. Petition is DISMISSED. NLRC judgment affirmed but remanded back to packers and harvesters in the plantation of petitioner association. Labor Arbiter Sancho to specify the amount each respondent is entitled to. January 8, 1993 – July 30, 1994 –respondents were dismissed on various Decision: dates. Thus, they filed against petitioner for illegal dismissal and monetary benefits. the petition is hereby DISMISSED and the decision of the National Labor Petitioner’s liabilities to complainants are joint and solidary, with its Relations Commission dated September 6, 1995 is AFFIRMED subject to the responsible officers. deletion of the award of moral damages and attorney's fees.
September 6, 1995 – LABOR ARBITER SANCHO: ordered reinstatement of
respondents and payment of backwages and other benefits
Note: 2 complainants eventually dropped their case (Loran Paquit and
LovillaDorlones) because they were able to amicably settle their claims.
December 26, 1996 - NLRC – affirmed decision of LA and denied the motion for reconsideration.