[G.R. No. 118647. October 11, 2000]

CONSOLIDATED FOOD CORP. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 11 2000.

G.R. No. 118647 (Consolidated Food Corporation, et al. vs. National Labor Relations Commission and Wilfredo M. Baron.)

Private respondent Wilfredo M. Baron filed a motion for reconsideration of this Court's Decision of 23 September 1999 which reversed the finding of public respondent National Labor Relations Commission (NLRC) that he was constructively dismissed. He alleges that the findings of fact of the NLRC must be accorded respect and finality; there is substantial evidence that he did not abandon his job but was constructively dismissed hence illegally dismissed; and, he was denied his right to due process.

After a careful perusal of the grounds discussed by respondent Baron, this Court finds that these matters have already been fully and exhaustively discussed in the Decision of this Court. Although factual findings of the NLRC are entitled to respect and finality when supported by substantial evidence, this Court will not uphold erroneous conclusions of the NLRC when the latter committed grave abuse of discretion in arriving at its decision or when the findings of facts from which the conclusions were based were not supported by substantial evidence. 1 Labor vs. National Labor Relations Commission, G.R. No. 110388, 14 September 1995, 248 SCRA 183. In this case, the Court takes exception to the rule that the findings on technical matters by NLRC are conclusive and binding upon this Court since it is clear that a palpable and demonstrable mistake had been committed and should be rectified.

The NLRC committed grave abuse of discretion amounting to lack or excess of jurisdiction in holding that respondent Baron was constructively dismissed because he was subjected to various audits concerning his sales activities and was transferred from Baguio City and re-assigned to the main office. Records show that there was substantial evidence of the existence of irregularities committed by respondent Baron in the use of funds entrusted to him which he failed to account for. Re-assignments made by management pending investigation of irregularities allegedly committed by an employee fall within the ambit of management prerogative and cannot be considered as amounting to constructive dismissal.

Moreover, contrary to the contention of respondent Baron that he was denied due process when he was dismissed, records show that during the audit and investigation on the alleged fraud he committed against petitioners, he was given every opportunity to raise his defenses and explain the discrepancies in the funds in his possession. It also appears from the records that when respondent Baron absented himself from the company without leave from 18 March to 13 April 1991 he was sent two (2) notices, one on 13 April 1991 and another on 18 April 1991 requiring him to explain his unauthorized absences. Indeed, respondent Baron sent a letter to petitioners on 29 April 1991 explaining his alleged unauthorized absences. However instead of returning to work on 15 May 1991 as he promised in his reply letter to petitioners and justify his cause. respondent Baron filed a complaint with the Labor Arbiter for alleged constructive dismissal on 14 May 1991 and did not report for work anymore. Although this Court ruled that respondent Baron was not constructively dismissed, we nonetheless ordered petitioners jointly and severally to pay respondent Baron his unpaid salaries and proportionate 13th-month pay for the period of his new assignment from 1 January 1991 to 15 March 1991 as well as attorney's fees for the recovery of his unpaid wages.

ACCORDINGLY, the motion for reconsideration of private respondent Wilfredo M. Baron is DENIED and this. denial is FINAL. Let copies of the Resolutions of 26 August 2000, 6 December 1991 and 16 February 2000 intended for Atty. Edgardo M. Tamoria, counsel for public respondent NLRC, but returned unserved with notations "Deceased," together with this Resolution, be sent to the NLRC at its offices at PPSTA Building, Banawe Street, corner Quezon Avenue, Quezon City.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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