G.R. No. 152318 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/152318.htm of the purpose of the project. Private respondents further alleged that as a result of Nicolays new thrust, resources have been used inappropriately; that the new management style was not congruent with the original goals of the project; that Nicolay herself suffered from cultural insensitivity that consequently failed to sustain healthy relations with SHINEs partners and staff. The letter ended with these ominous words: The issues that we [the private respondents] have stated here are very crucial to us in working for the project. We could no longer find any reason to stay with the project unless ALL of these issues [15] be addressed immediately and appropriately. In response, Nicolay wrote each of the private respondents a letter dated 21 June 2000, all similarly worded except for their respective addressees. She informed private respondents that the projects orientations and evolution were decided in consensus with partner institutions, Philhealth and the DOH, and thus no longer subject to modifications. More pertinently, she stated: You have firmly and unequivocally stated in the last paragraph of your 8th June 2000 letter that you and the five other staff could no longer find any reason to stay with the project unless ALL of these issues be addressed immediately and appropriately. Under the foregoing premises and circumstances, it is now imperative that I am to accept your resignation, which I expect to receive as [16] soon as possible. Taken aback, private respondents replied with a common letter, clarifying that their earlier letter was not intended as a resignation letter, but one that merely intended to raise attention to what they [17] perceived as vital issues. Negotiations ensued between private respondents and Nicolay, but for naught. Each of the private respondents received a letter from Nicolay dated 11 July 2000, informing them of the pre-termination of their contracts of employment on the grounds of serious [18] and gross insubordination, among others, resulting to loss of confidence and trust. On 21 August 2000, the private respondents filed a complaint for illegal dismissal with the NLRC. Named as respondents therein where GTZ, the Director of its Manila office Hans Peter Paulenz, its Assistant Project Manager Christian Jahn, and Nicolay. On 25 October 2005, GTZ, through counsel, filed a Motion to Dismiss, on the ground that the Labor Arbiter had no jurisdiction over the case, as its acts were undertaken in the discharge of the governmental functions and sovereign acts of the Government of the Federal Republic of Germany. This was opposed by private respondents with the arguments that GTZ had failed to secure a certification that it was immune from suit from the Department of Foreign Affairs, and that it was GTZ and not the German government which had implemented the SHINE Project and entered into 5 of 19 1/26/2016 4:07 PM