Labor Congress vs NLRC 290 scra 509

Summarize the case decided by the Supreme Court.

The petitioner on October 23, 1990 represented by LCP President Benigno B.
Navarro, Sr. entered in a Memorandum of Agreement with Empire Food Products, Inc.
lead by Gonzalo and Evelyn Kehyeng .
Petitioners filed a complaint docketed as NLRC Case No. RAB-III-01-1964-91
against Empire Foods Product for: (a) Unfair labor practice for illegal dismissal; (b)
Union busting through harassment; (c) Violation of Memorandum Agreement; (d)
underpayment wages; (e)Actual, moral and exemplary damages.
The NLRC on appeal in its resolution dated March 29 1995, it was affirmed in the
decision of Labor Arbiter Santos. Also, the NLRC sustained the Labor arbiters’ finding in
the following: (a) An evidence exists to prove the unfair labor practice and union busting
in the respondent’s side; (b) the agreement on October 23 1990 could not be a basis
within the NLRC’s jurisdiction where the resolutory condition could or could not happen;
(c) the claims in underpayment of wages were without a basis as complaints were
passed.
In NLRC vs De Ysasi III, the Honorable court stressed that it was clear,
deliberate and unjustified refusal to resume employment and not absence that
constitutes the abandonment where the testimony of Orlando Cairo did not constitute.
In the court perspective and hereby declare that the petitioners were illegally
dismissed and were entitled to full back wages, other privileges and separation pay.

Cite 1 Legal issue regarding the case.

The petitioners filed a case against the respondents a payment for money claims
and with the labor standards violation regarding with their dismissal.

Cite the decision of the court in resolving the issue.

The court ruled that the petitioners were illegally dismissed and hereby reinstated
with full back wages and other privileges and separation pay in lieu of reinstatement at
the rate of one month’s salary for every year of service with a fraction of six months
service will be considered as one year.

Reference:
Labor Congress of the Philippines vs. NLRC, 290 SCRA 509.Chan Robles
Publishing Company. (n.d.) Retrieved from https://www.google.com/url?
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