Professional Documents
Culture Documents
HRMGT – 3101
11.
FACTS:
In or about October, 1953, the respondent and the manager of the Manila Branch
(Kamerling) developed strained relationship that led the former to lodge with the
managing director in Hongkong a complaint against Kamerling. The latter, with the
approval of the head office in Hongkong, dismissed the respondent on October 23,
1953. She charged the petitioner and Kamerling with unfair labor practice under section
4 (a), subsection 5 of Republic Act No. 875 in the Court of Industrial Relations which
held the petitioner and Kamerling guilty thereof and ordered the respondent’s
reinstatement, with backpay from the date of her dismissal. The petitioner has appealed
by way of certiorari.
ISSUE:
Whether or not the petitioner was guilty of unfair labor practice in having
dismissed the respondent because the latter had filed charges against Kamerling not
connected with or necessarily arising from union activities.
RULINGS:
NO. Despite the employees' right to self-organization, the employer still retains
his inherent right to discipline his employees, his normal prerogative to hire or dismiss
them. The prohibition is directed only against the use of the right to employ or discharge
as an instrument of discrimination, interference or oppression because of one's labor or
union activities. As the respondent’s dismissal has no relation to union activities and the
charges filed by her against the petitioner had nothing to do with or did not arise from
her union activities, the appealed decision is hereby reversed and the directive for the
respondent’s reinstatement with back pay revoked.
12.
FACTS:
ISSUE:
RULINGS:
The Singapore Airlines is not guilty of unfair labor practice. SIA's refusal to grant
benefits was not a willful evasion of its obligations under the CBA but was due to an
honest mistake in the belief that the same is not covered by the aforementioned CBA
provision. An error in interpretation without malice or bad faith does not constitute unfair
labor practice. The court take judicial notice of the fact that honest differences in
construction may arise in the actual application of contractual provisions.