Anderson vs NLRC : 111212 : January 22, 1996 : J Mendoza : Second...
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http://sc.judiciary.gov.ph/jurisprudence/1996/jan1996/111212.htm
[Synopsis/Syllabi]
SECOND DIVISION
[G.R. No. 111212. January 22, 1996]
GEORGE ANDERSON, petitioner, vs. THE LABOR RELATIONS COMMISSION,
PACIFIC BUSINESS VENTURES INC. and KAMAL AL BITAR,
respondents.
DECISION
MENDOZA, J.:
This is a petition for certiorari to annul and set aside the decision dated January 25, 1993 of
the National Labor Relations Commission (First Division) in NLRC NCR Case No. 001931-91,
reversing the decision of the Philippine Overseas Employment Administration and dismissing
petitioners complaint for illegal dismissal.
The facts are as follows:
Petitioner was recruited by respondent Pacific Business Ventures, Inc. to work as foreman of
the Fiberglass Division of the Bitar Metal Fabrication Factory in Damman, Kingdom of Saudi
Arabia. The period of employment was two (2) years, starting February 16, 1988, and the salary
was SR1,000.00 a month, plus food allowance of SR200.00 a month, or the equivalent of
US$320.00 in all.
After nine (9) months on the job, petitioner was told on November 6, 1988 by the proprietor
and general manager, respondent Kamal Al Bitar, that his services were being terminated. Four
days after his lay off, petitioner returned to the Philippines.
On March 30, 1989, petitioner filed with the POEA a complaint for illegal dismissal, recovery
of salary differential, vacation leave pay, refund of transportation expenses and recruitment
violations.
Private respondents denied petitioners allegations. They alleged that petitioner had been
[1]
dismissed for loss of confidence.
In a supplemental position paper filed by them on July 6,
1989, private respondents claimed that petitioner lacked the leadership and motivation required
[2]
of the head of the fiberglass division.
After due hearing, the POEA found petitioner to have been illegally dismissed and, for this
reason, ordered private respondents to pay the balance of petitioners salary for two years and
salary differential. The dispositive portion of the POEAs decision reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering respondents PACIFIC
BUSINESS VENTURES, INC. and KAMAL AL BITAR OF BITAR METAL FABRICATION to pay
jointly and severally complainant GEORGE ANDERSON the following (sic) amounts:
1. SEVEN THOUSAND EIGHT HUNDRED SEVENTY FIVE US DOLLARS (US$7,875.00) or its
equivalent in Philippine Currency at the time of actual payment, representing complainants salaries
corresponding to the unexpired portion of his contract of employment and
2.ONE THOUSAND EIGHT HUNDRED FORTY FIVE US DOLLARS (US$1,845.00) or its equivalent
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