Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

National Capital Region
Quezon City

X, RAB III Case No. 123456789

Complainant,

-versus-

ABC CORPORATION,
Respondent,
x---------------------x

POSITION PAPER

COMPLAINANT by the undersigned counsel and unto this Honorable Labor

Arbitration Office, most respectfully submits this position paper and avers the following to
wit:

PREFATORY STATEMENT

The Complainant in this case is X, of legal age, single, with post office address at 10
Katarungan St., Sto. Domingo, Pasig City where he could be served with summons and other
legal processes of this Honorable Office.

The Respondent is ABC CORPORATION, a business establishment with business

address at 167 Felix Ave., Sta. Lucia, Pasig City, where the said establishment and
representative could be served with summons and other legal processes of this Honorable
Office.

STATEMENT OF FACTS

The Complainant was formerly a probationary employee as data encoder of

Respondent ABC Corporation since October 28, 2021. The business undertaking of the said
Respondent is to provide logistics and engineering services to the public which Complainant
prepares in the premises documentation of the Respondent. A copy of the Identification Card
issued by the Respondent to the Complainant is hereto attached as Annex “A” as proof of the
latter’s employment.

The Complainant worked for six (6) days a week with Sunday as rest day or day-off.
He worked for 8 hours per day with no overtime pay. He was also made to work on holidays
with holiday/premium pay.

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 The starting salary of Complainant was Php 20,000 per month.

On January 23, 2022, Complainant was terminated via email without due process from
his work by the HR Manager of ABC Corporation.

That as a result of the unjust termination of probationary employment of the

Complainants by the Respondent, the former suffered mental anguish, sleepless nights,
wounded feelings, serious anxiety, moral shock, and social humiliation, especially concerning
the daily sustenance of his family.

ISSUES

1. WHETHER OR NOT THE COMPLAINANT WAS ILLEGALLY DISMISSED

AND WHETHER OR NOT THE COMPLAINANT WAS AFFORDED THE
PROCEDURAL DUE PROCESS.

2. WHETHER OR NOT COMPLAINANT IS ENTITLED TO SEPARATION PAY,

AND THIRTEENTH MONTH PAY.

3. WHETHER OR NOT, THE RESPONDENT IS LIABLE TO THE

COMPLAINANT FOR NOMINAL DAMAGES AND MORAL DAMAGES.

FIRST ISSUE:
From the foregoing facts, it is clear that the dismissal of the complainant was illegal
thus he should be paid as provided by law. Also, no procedural process was accorded to him
prior to his termination from service.

Insofar as the procedural due process is concerned, Article 277 (b) of the Labor Code
specifically requires the employer to furnish the worker or employee sought to be dismissed
with two written notice, i.e., a notice which apprises the employee of the particular acts or
omission for which his dismissal is sought, and a subsequent notice which informs the
employee of the employer’s decision to dismiss him.

In this instant case, clearly the complainant was not afforded of the procedural due
process accorded by law because he was simply fired from his employment via email
communication.

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 In addition, it must be borne in mind that the basic principle in termination cases is
that the burden of proof rests upon the employer to show that the dismissal is for just and
valid cause, and failure to do so would necessarily mean that the dismissal was not justified
and, therefore, was illegal.

SECOND ISSUE:

As to the entitlement of separation pay and thirteenth month pay, the Complainant
believes that he is entitled to the same just like all other regular employees and as guaranteed
by the Labor Code of the Philippines. The complainant was deprived of his separation pay
and thirteenth month pay.

THIRD ISSUE:

Clearly, the Respondent violated the statutory right of the herein complainant i.e. his
right to be furnished of the two written notice prior to dismissal as specifically provided by
Article 277 (b) of the Labor Code of the Philippines. In a case like this, the proper award is
nominal damages under the Civil Code as it is aimed to vindicate the right to procedural due
process violated by the employer.

Likewise the herein Complainant is entitled to moral damages because the dismissal of
the complainant was attended by bad faith of constitutive of an act oppressive to labor.

In the instant case, there is no other plausible explanation for the acts of the
Respondent of the manner wherein the Complainant was deprived of his employment except
bad faith.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Labor Arbiter, that decision be rendered, to wit:

1. Declaring the termination of the herein Complainant as illegal and further,

ordering Respondent to pay unto the Complainant separation pay and 13th month
pay for the period October 28, 2021 to January 22, 2022 and his salary for
January 22, 2022.

2. Ordering the Respondent to pay to the Complainant his SEPARATION PAY

AND THIRTEENTH MONTH PAY that were all deprived from him during his
entire employment with the Respondent.

3. Furthermore, it is likewise prayed unto the Honorable Labor Arbiter to order the
Respondent to pay the herein Complainant nominal damages in the amount of
Php 20,000.00 for not affording to the complainant the procedural due process
and the amount of Php 50,000.00 as moral damages.

Other reliefs just and equitable under the premises are also prayed for.

RESPECTFULLY SUBMITTED.

Quezon City, January 29, 2022.

J.P. Alcazar and Associates,
55 Katarungan Bldg., Araneta Ave.,
Quezon City

By:
Jun P. Alcazar
Roll of Attorney No. 183786
IBP No. 11380
MCLE Compliance No. II-0013088
January 3, 2022

Copy furnished: (by Registered Mail)

HR Manager,
ABC Corporation Registry Receipt No._________
167 Felix Ave., Sta. Lucia, Pasig City Date Mailed:_______________