Leslie Okol vs Slimmers World International

GR No. 160146 December 11, 2009

Facts:
Respondent Slimmers World International operating under the name of Behavior Modifications, Inc.
employed Leslie Okol as a management trainee and rose from the ranks from being Head Officer Manager
to become Vice President in 1996 until her dismissal in 1999.
Prior to her dismissal, Slimmers World preventively suspended Okol. The suspension arose from the
seizure of Bureau of Customs of several slimming machine which was placed under the name of Okol and
two customs brokers for a lesser value. For being undervalued the equipment are seized.
Okol filed her written explanation, however, Slimmers World found her explanation to be unsatisfactory.
Through a letter dated September 1999 signed by its president, Okol’s employment was terminated.
Okol filed a complaint with the Arbitration branch of the NLRC against Slimmers World for illegal dismissal
among others. Respondent filed a Motion to Dismiss, on the ground that NLRC had no jurisdiction over the
subject matter of the complaint, the Labor Arbiter granted the motion, he ruled that Okol was the Vice
President at the time of her dismissal , falling outside his jurisdiction, since it involved a corporate officer
and is an intra-corporate controversy.
Issue
Whether or not Okol is a corporate officer
Held
Okol is a corporate officer at the time of her dismissal. Slimmers World provided the company’s General
Information Sheet and Directors Affidavit attesting that petitioner was an officer. The GIS and minutes of
the meeting of the board of directors indicate that petitioner was a member of the Board of Directors ,
holding one subscribed share of the capital stock, and an elected corporate officer. From the documents
submitted by the respondent, it is clear that Okol was director and officer of Slimmers World and the illegal
dismissal, unpaid commissions , reinstatement and backwages imputed by the petitioner fall squarely within
the ambit of intra-corporate disputes.
The question of renumeration involving a stockholder and officer , not a mere employee, is not a simple
labor problem but a matter that comes within the area of corporate affairs and management and is a
corporate controversy in contemplation of the Corporation Code.