Republic of the Philippines

Department of Labor and Employment

National Labor Relations Commission
Regional Arbitration Office
Cebu City

Juan Dela Cruz,

Complainant
NLRC case no. Xxxx
Lugod Makers (Mr. Pedro Pinduko)
Respondent

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POSITION PAPER

Complainant, by the undersigned counsel and unto this Honorable Labor Arbitration Office,
most respectfully submits this position paper a d avers the following:

PREFATORY STATEMENT

The complainant in this case is Juan Dela Cruz, of legal age, with post address at xxxx, Cebu City
where he could be served with summons and other legal process of this Honorable Office.

The respondent is Lugod Makers, a business establishment owned by Pedro Pinduko, with
business address at Cebu City, where the said establishment and representative could be
served with summons and other legal process of this Honorable Office.

STATEMENT OF FACTS

Complainant, has been connected with the Lugod Makers since July 2003, with a daily wage of
one hundred fifty pesos only;
Respondent, is engaged in the manufacturing of customized body scrubs;
That on August 1, 2007, Mr. pinduko asked complainant to go to the local hardware store to
purchase some materials that were needed in the shop, all of which summed up to P 3000.00
as evidenced of the receipt that complainant handed to respondent;
That upon checking the receipt and for no apparent reason, respondent asked complainant
about tampering of the receipt, as if the act was done by the complainant;
That the respondent was very angry and asked the complainant to never show his face again
and gave the complainant his last salary;
That on September 3, 2007, complainant received a return work order from the respondent
and the complainant signed, for he is willing to return to work;
That when he returned he was given "Notice f Investigation" concerning the tampered receipt
and to return the latter;
That the complainant did not signed the order for the fact he returned the alleged tampered
receipt and the money to respondent;
That the complainant after arguments with the respondent did not returned to work;
That on December 3, 2007, complainant filed a labor case against the respondent, alleging that
he was illegally dismissed;
That as result of the illegal dismissal, the complainant suffered mental anguish, sleepless nights,
wounded feelings, serious anxiety, moral shock and social humiliation.

ISSUES

Whether he was illegally dismissed?

Whether the complainant is entitled for nominal and moral damages?

ILLEGAL DISMISSAL

From the foregoing facts, it is clear that the act of respondent is a clear constructive way to
dismiss the complainant.

Constructive dismissal exists where there is cessation of work because "continued employment
is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a
diminution in pay" and other benefits. Aptly called a dismissal in disguise or an act amounting
to
dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an
act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on
the part of the employee that it could foreclose any choice by him except to forego his
continued employment. (Morales vs. Harbour Centre Port Terminal, Inc. G.R. No. 174208,
January 25, 2012).

In this case, the act of respondent imputing an offense against his employee is impossible for
the complainant to return to work since his status and honesty was tainted.

ENTITLEMENT FOR NOMINAL AND MORAL DAMAGES

Nominal and moral damages shall be awarded in termination cases where the employee's
dismissal was attended by bad faith, malice or fraud or where it constitutes as an act oppressive
to the labor or where it was done in manner contrary to the moral, good customs or public
policy. (San Miguel Properties, Inc. vs. Gucaban)

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that respondent be obliged to pay

to the complainant that:

the be declared ILLEGAL DISMISSAL

The respondent be directed, and at the same time be held jointly and severally liable to pay the
complainant the following:

Nominal and moral damages

Attorney's fee
Backwages

Other reliefs just and equitable are being prayed for under the circumstances.

MOST RESPECTFULLY SUBMITTED.

Sgd.
Juan Dela Cruz
Complainant