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    Palmeria V NLRC - 247 SCRA 57 - Case Digest

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    Anonymous b4ycWuoIc
    Petitioner Palmeria was hired by Coca-Cola Bottlers Philippines, Inc. (CCBPI) in 1977 but was dismissed in 1986. He filed a complaint for illegal dismissal against CCBPI and Lipercon Services, Inc., which had a contract to provide services to CCBPI. CCBPI claimed Palmeria was an employee of Lipercon while Lipercon said Palmeria was a contractual employee that CCBPI no longer needed. The Supreme Court ruled that Palmeria was illegally dismissed and was entitled to reinstatement without loss of seniority rights based on the constitutional guarantee of security of tenure and provisions in the Labor Code. However, back wages were limited to three years due to when the illegal dismissal

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    Palmeria V NLRC - 247 SCRA 57 - Case Digest

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    Anonymous b4ycWuoIc
    240 views1 page
    Petitioner Palmeria was hired by Coca-Cola Bottlers Philippines, Inc. (CCBPI) in 1977 but was dismissed in 1986. He filed a complaint for illegal dismissal against CCBPI and Lipercon Services, Inc., which had a contract to provide services to CCBPI. CCBPI claimed Palmeria was an employee of Lipercon while Lipercon said Palmeria was a contractual employee that CCBPI no longer needed. The Supreme Court ruled that Palmeria was illegally dismissed and was entitled to reinstatement without loss of seniority rights based on the constitutional guarantee of security of tenure and provisions in the Labor Code. However, back wages were limited to three years due to when the illegal dismissal

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    Labor Case, Collective Rights of Labor, Right to Security of Tenure

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    Palmeria v NLRC_247 SCRA 57_Case Digest

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    Petitioner Palmeria was hired by Coca-Cola Bottlers Philippines, Inc. (CCBPI) in 1977 but was dismissed in 1986. He filed a complaint for illegal dismissal against CCBPI and Lipercon Services, Inc., which had a contract to provide services to CCBPI. CCBPI claimed Palmeria was an employee of Lipercon while Lipercon said Palmeria was a contractual employee that CCBPI no longer needed. The Supreme Court ruled that Palmeria was illegally dismissed and was entitled to reinstatement without loss of seniority rights based on the constitutional guarantee of security of tenure and provisions in the Labor Code. However, back wages were limited to three years due to when the illegal dismissal

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    240 views1 page

    Palmeria V NLRC - 247 SCRA 57 - Case Digest

    Uploaded by

    Anonymous b4ycWuoIc
    Petitioner Palmeria was hired by Coca-Cola Bottlers Philippines, Inc. (CCBPI) in 1977 but was dismissed in 1986. He filed a complaint for illegal dismissal against CCBPI and Lipercon Services, Inc., which had a contract to provide services to CCBPI. CCBPI claimed Palmeria was an employee of Lipercon while Lipercon said Palmeria was a contractual employee that CCBPI no longer needed. The Supreme Court ruled that Palmeria was illegally dismissed and was entitled to reinstatement without loss of seniority rights based on the constitutional guarantee of security of tenure and provisions in the Labor Code. However, back wages were limited to three years due to when the illegal dismissal

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    PEDRO O. PALMERIA, SR., PETITIONER, VS.

    NATIONAL LABOR RELATIONS COMMISSION, COCA-COLA


    BOTTLERS PHILIPPINES, INC. AND LIPERCON SERVICES, INC., RESPONDENTS
    G.R. No. 113290-91, August 03, 1995
    FACTS:
    Petitioner Palmeria was hired by Coca-Cola Bottlers Philippines, Inc. (CCBPI) in 1977 as laborer/bottling
    crew. On April 30, 1984, CCBPI entered into a contract of service with co-respondent Lipercon Services, Inc. Under
    the contract, Lipercon was to provide CCBPI certain work and services. Petitioner alleged that after the contract of
    service was executed, CCBPI made it appear that he was no longer its employee but that of Lipercon. On February
    15, 1986, petitioner was dismissed from his employment. He was not allowed to enter the premises of CCBPI. He
    then filed a complaint principally for illegal dismissal against CCBPI and Lipercon. CCBPI maintained that petitioner is
    not its employee. Lipercon claimed that it is an independent contractor and that petitioner is its contractual employee.
    It further averred that petitioner's employment depends on needs of its clients, more specifically CCBPI. Allegedly,
    CCBPI had informed Lipercon that it no longer needed the services of petitioner.
    ISSUE:
    Whether or not the petitioner was illegally dismissed thus entitled to be reinstated.
    RULING:
    Section 3, Article XIII of the Constitution guarantees to our workers security of tenure. Article 279 of the
    Labor Code, as amended, implements this constitutional guarantee by providing that Any employee who is unjustly
    dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to
    his full back wages, and to his other benefits or their monetary equivalent computed from the time his compensation
    was withheld from him up to the time of his actual reinstatement."
    However, in terms of back wages, Article 279 of the Labor Code, as amended, cannot apply to the present
    case because petitioner was illegally dismissed on February 15, 1986, which limited the award to three years without
    deduction or qualification to obviate the need for further proceedings.

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