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    Goldy Jane
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    Retirement/Prescription 4, On October 30, 1980, A, an employee, was served notice of dismissal allegedly for gross dishonesty. Forthwth, the Union to which A was a member 0 A's dismissal with the grievance machinery as provided for in its Collective Bargaining Agreement (CBA). At that point, negotiations for a new CBA was in 'progress. Hence, both the Union and the Company had very little time to address ‘A's grievance. In fact, said grievance, as it were, slept the steep of the dead, being resolved only with finality on November 23, 1983 when the General Manager of the Company affrmed A's dismissal on the fih and the last step of ‘the grievance machinery, ‘A filed an action for legal dismissal with the Arbitration Branch of the NLRC on November 25, 1983, The Company immediately fled a Motion to Dismiss on the ‘ground of prescription, invoking Article 290 ofthe Labor Code. lt you were the Labor Arbiter, how will you resolve the Company's Motion to Dismiss? 2. A Stale your agreement or disagreement with the following statement and explain your answer briefly: A criminal case filed against an employee does not hhave the effect of suspending or interrupting the running of the prescriptive period forthe fling of an action for ilegal dismissal (2%) B. State your agreement or disagreement with the following statement and explain your answer briefly: The period of prescription in Article 291 of the Labor ‘Code applies only to money claims so that the period of prescription for other ‘cases of inury to the rights of employees is governed by the Civil Code. Thus, an ‘action for reinstatement for injury to an employee's rights prescribes in four (4) years as provided in Article 1146 of the Civil Code. (3%) 3. The general manager of Junk Food Manufacturing Corporation dismissed ‘Andrew Tan, a rank-and-file employee, on the ground of insubordination. The general manager served on Andrew Tan the letter of termination effective upon receipt which was on 08 March 1992. Shocked by his unexpected dismissal ‘Andrew Tan confronted the general manager and hit he latter on the head with a leap pipe Junk Food Manufacturing fled a complaint in court against Andrew Tan for less ‘Serious physical injuries. Somehow, Andrew Tan was acquitted by the court assigned to hear the criminal case. A few days following his acquittal, or on 01 ‘March 1996, Andrew Tan filed complaint against the company for illegal

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