O role of chairman in the division the chairman of

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Unformatted text preview: ordered
the
company
to
pay
separation
pay.
NLRC
 reversed,
 saying
 that
 termination
 pay
 was
 already
 decided
 in
 the
 previous
 case
 and
 was
 barred
 by
 prior
judgment.
 Res
 judicata!
 Complainants
 had
 already
 been
 paid
 their
 several
 money
 claims
 including
 their
 termination
pay.
 Petitioner
 further
 contend
 that
 their
 acceptance
 of
 separation
pay
does
not
operate
as
a
waiver
of
their
 claims
 in
 the
 “Illegal
 Dismissal
 Case.”
 Jurisprudence
 exists
to
the
effect
that
a
deed
of
release
or
quitclaim
 cannot
bar
an
employee
from
demanding
benefits
to
 which
 he
 is
 legally
 entitled;
 that
 quitclaims
 and/or
 complete
releases
executed
by
the
employees
do
not
 estop
 them
 from
 pursuing
 their
 claim
 arising
 from
 the
 unfair
 labor
 practice
 of
 the
 employer;
 and
 that
 employees
who
received
their
separation
pay
are
not
 barred
from
contesting
the
legality
of
their
dismissal,
 and
 that
 acceptance
 of
 those
 benefits
 would
 not
 amount
to
estoppel
 • Final
and
executory
judgment
cannot
be
negotiated
 o Although
 compromise
 agreements
 are
 encouraged,
 this
 general
rule
does
not
apply
to
decisions
that
have
become
 final
and
executory
 o A
 final
 and
 executory
 judgment
 cannot
 be
 negotiated,
 hence,
any
act
to
subvert
it
is
contemptuous

 Motion
to
dismiss
 • 1989:
 Labor
 code
 and
 the
 NLRC
 Rules
 did
 not
 provide
 for
 a
 specific
 period
within
which
to
file
a
motion
to
dismiss
 • NOW:
 2005
 NLRC
 Rules
 
 On
 or
 before
 the
 date
 set
 for
 the
 mandatory
 conciliation
 and
 mediation
 conference,
 the
 respondent
 may
file
a
motion
to
dismiss.
 • Motu
proprio
dismissal
of
complaint
based
on
prescription
 o Motu
proprio
dismiss
if
it
is
apparent
from
its
face
that
the
 action
has
prescribed
 • Res
judicata
as
reason
to
dismiss
complaint
 o Delfin,
et
al
v.
Inciong
 Requisites
for
prior
judgment
to
constitute
a
bar
to
a
 subsequent
case
–
 It
must
be
a
final
judgment
or
order
 Court
 rendering
 the
 same
 must
 have
 jurisdiction
over
subject
matter
and
parties
 Judgment
or
order
on
the
merits
 16
 There
must
be
between
the
2
cases
identity
 of
 parties,
 subject
 matter
 and
 cause
 of
 action
 Court
 of
 Industrial
 relations
 decision
 was
 already
 final
 and
 executory.
 There
 is
 identity
 in
 cause
 of
 action
 regarding
 the
 unfair
 labor
 practices
 committed
by
Atlantic
against
its
employees.

 Union
should
not
be
allowed
to
split
causes
of
action
 –
 charges
 should
 include
 all
 acts
 of
 unfair
 labor
 practice
 committed
 against
 any
 and
 all
 members
 of
 the
union
during
that
period.
 • No
dismissal
of
complaint
despite
death
 o Proprietor
 of
 the
 company
 died
 intestate.
 Case
 was
 not
 extinguished
 because
 of
 the
 death
 of
 the
 proprietor
 because
 it
 is
 one
 for
 reinstatement
 of
 the
 dismissed
 employees
from
their
work.
It
was
not
a
money
claim
 • Revival
or
refiling
of
dismissed
case
 o Dismissed
case
is
not
necessarily
dead
 Party
may
file
a
motion
to
revive
or
re‐open
a
case
 dismissed
 without
 prejudice,
 within
 10
 days
 from
 receipt
of
notice
of
the
order
dismissing
the
same;
 otherwise
 his
 only
 remedy
 shall
 be
 to
 refile
 the
 case
in
the
arbitration
branch
of
origin
 Submission
of
position
papers
and
reply
 • Determination
of
necessity
of
hearing
or
clarificatory
conference
 o Immediately
 after
 the
 submission
 by
 the
 parties
 of
 their
 position
 paper
 or
 reply,
 as
 the
 case
 may
 be,
 the
 Labor
 Arbiter
shall,
motu
proprio,
determine
whether
there
is
a
 need
 for
 a
 hearing
 or
 clarificatory
 conference.
 At
 this
 stage,
 he
 may,
 at
 his
 discretion
 and
 for
 the
 purpose
 of
 making
such
determination,
ask
clarificatory
questions
to
 further
 elicit
 facts
 or
 information,
 including
 but
 not
 limited
 to
 the
 subpoena
 of
 relevant
 documentary
 evidence,
if
any,
from
any
party
or
witness.
 • Role
of
the
labor
...
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This document was uploaded on 03/11/2014.

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