![]() On their way to the canteen, a brother of the General Manager saw them but the latter said nothing. The security guard detailed at the gate of the company compound allowed them to enter, as it is a common practice for employees to enter the premises even when they are not on duty. Since no lunch was being served in the store, they headed for the company canteen. They sat down inside the store and talked to each other while drinking beer in order to relax before going home but they got engrossed in their conversation until they noticed it was almost time to have their lunch. They narrated that in the morning of 3 July 1979, feeling tired and uneasy after working the whole night before (their workshift being from 12:00 midnight to 8:00 a.m.), they decided to have a few bottles of beer at the sari-sari store about 50 meters away from the company compound. On August 10, 1979, petitioners in support of their complaint filed their position paper alleging that they were dismissed without just cause. ![]() On July 18, 1979, petitioners filed with the Ministry of Labor and Employment their complaint against respondent GASI for illegal dismissal. On the same date 9 July 1979, a copy of the above-quoted memorandum was served to and received by petitioners. Management finds no alternative but to terminate your services upon obtaining clearance from the Ministry of Labor effective 25 July 1979.Ĭopy of this memorandum is being forwarded to the National Labor Relations Commission, Ministry of Labor. Per our office rules and regulations which states:ĭRINKING IN THE COMPANY PREMISES OR COMING TO WORK UNDER THE INFLUENCE OF ALCOHOL. With regard to the incident last Jwhere you were found to be drunk within the company premises and for your consequent misbehavior, we find your written explanation to be unsatisfactory. The reasons advanced by the company for their termination are embodied in its memorandum dated 9 July 1979, thus: On July 11, 1979, respondent Graphic Arts Services (GASI, for brevity) filed applications for clearance to terminate the services of complainants (petitioners herein) Safiro Catalan and Gerardo Serue effective 25 July 1979. Petitioner Safiro Catalan had been employed as Press-Helper for almost eight (8) months, and petitioner Gerardo Serue as Stitcher for more one (1) year. Petitioner were both regular employees of private respondent. Graphic Arts Services, Inc." affirming the decision 2 of the Labor Arbiter sustaining the dismissal of the petitioner and the subsequent resolution 3 denying the petition for relief which was treated as a motion for reconsideration.Īs gathered from the records, the following are the antecedent facts: ![]() AB-9-3296-79 entitled "Zafiro Catalan and Gerardo Serue vs. This is a petition for certiorari to set aside the resolution 1 of the National Labor Relations Commission in Case No. BORROMEO, GRAPHIC ARTS SERVICES, INC., respondents. SAFIRO CATALAN and GERARDO SERUE, petitioners,
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