G.R. No. 186070, April 11, 2011
CLIENTLOGIC PHILPPINES, INC. (NOW KNOWN AS SITEL), JOSEPH VELASQUEZ, IRENE ROA AND RODNEY SPIRES, PETITIONERS, VS. BENEDICT CASTRO, RESPONDENT.
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the September 1, 2008 Decision and the January 7, 2009 Resolution of the Court of Appeals (CA), affirming with modification the November 29, 2007 resolution of the National Labor Relations Commission (NLRC), which held that respondent Benedict Castro was not illegally dismissed. The CA, however, awarded respondents money claims, viz.:
WHEREFORE, premises considered, the instant…show more content… He acted with serious misconduct which breached the trust and confidence reposed in him by the company. He was duly furnished with the twin notices required by the Labor Code and further, he is not entitled to overtime pay, rest day pay, night shift differential, holiday pay, and service incentive leave pay because he was a supervisor, hence, a member of the managerial staff.
In a decision dated June 29, 2007, the LA ruled in favor of respondent by declaring him illegally dismissed and ordering petitioners to pay his full backwages and, in lieu of reinstatement, his separation pay. The LA further awarded respondents money claims upon finding that he was not occupying a managerial position. The decretal portion of the decision reads:
WHEREFORE, all premises duly considered, [petitioners] are hereby found guilty of illegally dismissing [respondent]. As such, [petitioners] shall be jointly and solidarily liable to pay [respondent] his full backwages from the date of his dismissal to the finality of this decision, computed as of today at One Hundred Thirty Eight Thousand Seven Hundred Fifty Nine Pesos and 80/100 (P138,759.80) plus, Seven Hundred Sixty Three Thousand Two Hundred Forty Eight Pesos and 67/100 (P763,248.67) representing his separation pay at one month pay for every year of service, holiday pay and service