Blue Dairy Corporation And/Or Edison T. Aviguetero v. National Labor Relations Commission

BELLOSILLO, J.:

BLUE DAIRY CORPORATION, engaged in the processing of dairy and chocolate products, juices and vegetables, hired on 14 May 1994 private respondent Elvira R. Recalde as a food technologist in its laboratory with the following specific functions: microanalysis of toppings and syrup, onions and garlic, and liquid mixes (soft serve and milk shake); physical and chemical analysis of liquid mixes, including raw materials for toppings and syrup and its inspection; routine computation for liquid mixes and supervision while weighing the materials; performing chlorine test for lettuce, red onion, white onion and green pepper; preparation of forms for topping and syrup; sensory evaluation of toppings and syrup; product development (assistant); and, preparation of food coloring for orange syrup production.1 On 22 May 1994, a Sunday, Recalde reported for work but claimed that she was not given her premium pay.

On 21 October 1994 Recalde accompanied Production Manager Editha N. Nicolas in conducting a sensory evaluation of vanilla syrup in one of the outlets of a client. While on their way back to the office a post fell on the company vehicle they were riding due to a raging typhoon damaging the vehicle's windshield and side mirror. On 3 December 1994 Recalde was transferred from the laboratory to the vegetable processing section where she cored lettuce, minced and repacked garlic and performed similar work, and was restricted from entering the laboratory.

She was unhappy. She considered her new job humiliating and menial. on 14 December 1994 she stopped reporting for work.

the following day she sent a letter to petitioner Edison T. Aviguetero, the President and Chairman of the Board of Director of Blue Dairy corporation, reading - I would like to inform you that I will no longer report for work because of your drastic and oppressive action. and besides, I have already filed a case against BLUE DAIRY CORPORATION and/or EDISON T. AVIGUETERO, PEDRO G. MIGUEL . .

. .2 On December 16, 1994 Recalde filed a complaint against petitioner Blue Dairy Corporation, Edison T. Aviguetero and Pedro G. Miguel3 for constructive dismissal and non-payment of premium pay. She also claimed overtime pay as well as moral and exemplary damages plus attorney's fees.

Petitioners contended that Recalde was given a less sensitive assignment outside of the laboratory on account of her dishonesty which resulted in loss of trust and confidence.ℒαwρhi৷ They seriously took into account the result of the investigation concerning the 21 October incident that Recalde was actually scouting for a new residence using company vehicle without prior permission from the General Manager and during office hours, in violation of par. IV, subpars. B and G, of the company's General Rules and Regulations.

Petitioners accorded credence to the narrations of Rolando V. Flores, driver of the damaged vehicle, to that effect which act of dishonesty could even have merited dismissal from employment had they adhered simply to jurisprudential rule but took into account instead the spirit of the approaching Christmas season.1âwphi1.nêt The Labor Arbiter was convinced that petitioners were guilty of constructive dismissal as he found the justification for Recalde's transfer unreasonable:first, the unofficial trip on the way back to the office on 21 October was undertaken through the bidding of the Production Manager; second, loss of trust and confidence must necessarily occur in the performance of duties; and third, the new position of Recalde was too humiliating and demeaning. the Labor Arbiter also found that petitioners failed to grant premium pay to Recalde for her work performed on 22 May 1994, a Sunday.

On 31 October 1996 petitioners were thus ordered to reinstate Recalde to her former position as food technologist assisting in the quality assurance processes of the company and performing laboratory work without loss of seniority rights and privileges, with full back wages as well as to grant her premium pay, initially computed thus - Back Wages : 12/14/94 - 12/30/96 = 24.53 mos. P183.33 x 30 days x 24.53 mos. P134,912.54 Premium Pay for Rest Day : (May 22, 1994): P183.33 x 30% = P55.00 - 55.00 TOTAL AWARD: