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    Mayon Hotel V Adana

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    JoeyBoyCruz
    The petitioner Mayon Hotel & Restaurant suspended operations of its business on March 31, 1997 due to the expiration of its lease. While operations continued at a new site, only 9 of the 16 employees were recalled to work. The remaining employees filed complaints for illegal dismissal and claims for unpaid wages. The Labor Arbiter ruled in favor of the employees, but the NLRC reversed this decision. The Supreme Court held that (1) the failure to recall employees for over 3 years constituted illegal dismissal as the suspension exceeded 6 months under the Labor Code, and (2) the employees were entitled to money claims for unpaid wages and benefits as the petitioner failed to prove these had been paid.

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    Mayon Hotel V Adana

    Uploaded by

    JoeyBoyCruz
    43 views2 pages
    The petitioner Mayon Hotel & Restaurant suspended operations of its business on March 31, 1997 due to the expiration of its lease. While operations continued at a new site, only 9 of the 16 employees were recalled to work. The remaining employees filed complaints for illegal dismissal and claims for unpaid wages. The Labor Arbiter ruled in favor of the employees, but the NLRC reversed this decision. The Supreme Court held that (1) the failure to recall employees for over 3 years constituted illegal dismissal as the suspension exceeded 6 months under the Labor Code, and (2) the employees were entitled to money claims for unpaid wages and benefits as the petitioner failed to prove these had been paid.

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    MAYON HOTEL V ADANA

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    The petitioner Mayon Hotel & Restaurant suspended operations of its business on March 31, 1997 due to the expiration of its lease. While operations continued at a new site, only 9 of the 16 employees were recalled to work. The remaining employees filed complaints for illegal dismissal and claims for unpaid wages. The Labor Arbiter ruled in favor of the employees, but the NLRC reversed this decision. The Supreme Court held that (1) the failure to recall employees for over 3 years constituted illegal dismissal as the suspension exceeded 6 months under the Labor Code, and (2) the employees were entitled to money claims for unpaid wages and benefits as the petitioner failed to prove these had been paid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views2 pages

    Mayon Hotel V Adana

    Uploaded by

    JoeyBoyCruz
    The petitioner Mayon Hotel & Restaurant suspended operations of its business on March 31, 1997 due to the expiration of its lease. While operations continued at a new site, only 9 of the 16 employees were recalled to work. The remaining employees filed complaints for illegal dismissal and claims for unpaid wages. The Labor Arbiter ruled in favor of the employees, but the NLRC reversed this decision. The Supreme Court held that (1) the failure to recall employees for over 3 years constituted illegal dismissal as the suspension exceeded 6 months under the Labor Code, and (2) the employees were entitled to money claims for unpaid wages and benefits as the petitioner failed to prove these had been paid.

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    © All Rights Reserved
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    MAYON HOTEL V ADANA

    FACTS: 

    Petitioner Mayon Hotel & Restaurant (MHR) hired herein 16 respondents as employees in its business in
    Legaspi City. Its operation was suspended on March 31, 1997 due to the expiration and non-renewal of
    the lease contract for the space it rented. While waiting for the completion of the construction of its new
    site, MHR continued its operation in another site with 9 of the 16 employees. When the new site
    constructed and MHR resumed its business operation, none of the 16 employees was recalled to work.

    MHR alleged business losses as the reason for not reinstating the respondents. On various dates,
    respondents filed complaints for underpayment of wages, money claims and illegal dismissal.

    ISSUES:

    1. Whether or not respondents were illegally dismissed by petitioner;


    2. Whether or not respondents are entitled to their money claims due to underpayment of wages, and
    nonpayment of holiday pay, rest day premium, SILP, COLA, overtime pay, and night shift differential pay.

    HELD:

    1. Illegal Dismissal: claim for separation pay

    Since April 1997 until the time the Labor Arbiter rendered its decision in July 2000, or more than three (3)
    years after the supposed “temporary” lay-off, the employment of all the respondents with petitioner had
    ceased, notwithstanding that the new premises had been completed and the same resumed its operation.
    This is clearly dismissal – or the permanent severance or complete separation of the worker from the
    service on the initiative of the employer regardless of the reasons therefor.
    Article 286 of the Labor Code is clear — there is termination of employment when an otherwise bona fide
    suspension of work exceeds six (6) months. The cessation of employment for more than six months was
    patent and the employer has the burden of proving that the termination was for a just or authorized
    cause. 

    While we recognize the right of the employer to terminate the services of an employee for a just or
    authorized cause, the dismissal of employees must be made within the parameters of law and pursuant to
    the tenets of fair play. And in termination disputes, the burden of proof is always on the employer to prove
    that the dismissal was for a just or authorized cause. Where there is no showing of a clear, valid and legal
    cause for termination of employment, the law considers the case a matter of illegal dismissal. 

    If doubts exist between the evidence presented by the employer and the employee, the scales of justice
    must be tilted in favor of the latter — the employer must affirmatively show rationally adequate evidence
    that the dismissal was for a justifiable cause. It is a time-honored rule that in controversies between a
    laborer and his master, doubts reasonably arising from the evidence, or in the interpretation of
    agreements and writing should be resolved in the former's favor. The policy is to extend the doctrine to a
    greater number of employees who can avail of the benefits under the law, which is in consonance with the
    avowed policy of the State to give maximum aid and protection of labor. 

    2. Money claims

    The Supreme Court reinstated the award of monetary claims granted by the Labor Arbiter.

    The cost of meals and snacks purportedly provided to respondents cannot be deducted as part of
    respondents' minimum wage. As stated in the Labor Arbiter's decision.
    Even granting that meals and snacks were provided and indeed constituted facilities, such facilities could
    not be deducted without compliance with certain legal requirements. As stated in Mabeza v. NLRC, the
    employer simply cannot deduct the value from the employee's wages without satisfying the following: (a)
    proof that such facilities are customarily furnished by the trade; (b) the provision of deductible facilities is
    voluntarily accepted in writing by the employee; and (c) the facilities are charged at fair and reasonable
    MAYON HOTEL V ADANA

    value. The law is clear that mere availment is not sufficient to allow deductions from employees' wages.

    As for petitioners repeated invocation of serious business losses, suffice to say that this is not a defense
    to payment of labor standard benefits. The employer cannot exempt himself from liability to pay minimum
    wages because of poor financial condition of the company. The payment of minimum wages is not
    dependent on the employer's ability to pay.

    Mayon vs Adana
    Petitioner Mayon Hotel & Restaurant is a single proprietor business employed about sixteen (16)
    employees. Due to the expiration and non-renewal of the lease contract for the rented space occupied by
    the said hotel and restaurant at, the hotel operations of the business were suspended. The operation of
    the restaurant was continued in its new location only 9 of the 16 employees continued. On various dates,
    the 16 employees filed complaints for underpayment of wages and other money claims against
    petitioners. Labor Arbiter rendered a Decision in favor of the employees but the NLRC reversed its
    decision.

    Issue: WON the employees are entitled to their money claims

    Held: Yes. Entitlement to labor standard benefits is a separate and distinct concept from payment of
    separation pay arising from illegal dismissal, and are governed by different provisions of the Labor Code.
    Respondents have set out with particularity in their complaint, position paper, affidavits and other
    documents the labor standard benefits they are entitled to, and which they alleged that petitioners have
    failed to pay them. It was therefore petitioners' burden to prove that they have paid these money claims.
    One who pleads payment has the burden of proving it, and even where the employees must allege
    nonpayment, the general rule is that the burden rests on the defendant to prove nonpayment, rather than
    on the plaintiff to prove non payment. This petitioners failed to do.

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