Sie sind auf Seite 1von 1

14. MIRIAM B. ELLECCION VDA. DE LECCIONES, Petitioner, vs.

NATIONAL LABOR RELATIONS


COMMISSION, NNA PHILIPPINES CO., INC. and MS. KIMI KIMURA, Respondents.

FACTS:

Elleccion filed a complaint for illegal dismissal with several money claims against NNA Philippines.

NNA Ph here is a wholly-owned subsidiary of NNA Japan which was the employer of Elleccion wherein
the latter would usually work overtime.

After some time, the Board of Directors of NNA Japan decided to streamline the operations of its
subsidiaries including NNA Ph, and thus issued a memorandum directing the latter to transfer the
corporate secretary’s functions, which was Elleccion’s job, to the external counsel.

Upon the reorganization, Elleccion was terminated on the ground that her position was redendant.

She then filed a report of her separation from service with the DOLE.

NNA Ph made an attempt to give her her separation pay but she refused.

The Labor Arbiter dismissed her claims so she then appealed to the NLRC.

The NLRC affirmed her separation report, modified the monetary benefits awarded to her but also
affirmed the Arbiter’s denial of the claim for additional compensation on the ground that it was an intra-
corporate matter. She appealed to the CA.

The CA affirmed the decision of the lower courts on the ground that Elleccion was validly terminated from
employment and as a managerial employee, she was not entitled to overtime pay.

Elleccion then sought to overturn the ruling of these courts before the SC.

DENIED.

The general rule is that the characterization by an employer of an employee’s services as no


longer necessary or sustainable is an exercise of business judgment on the part of the employer.
We find no violations of law in the respondent’s actions against the petitioner, nor was the
respondent arbitrary or influenced by malice in terminating the petitioner’s employment for
redundancy. This ground for termination is a legitimate exercise of management prerogative
unless attended to by arbitrariness or by the failure to follow statutory requirements.

We also affirm the CA’s denial of the claim, as the petitioner was a managerial employee who is not
entitled to such pay.

Das könnte Ihnen auch gefallen