National Labor Relations Commission favors GMA in illegal dismissal complaint | GMANetwork.com - Corporate - Articles

In the January 29, 2016 Decision, the First Division of the NLRC dismissed complainant's appeal for lack of merit.

National Labor Relations Commission favors GMA in illegal dismissal complaint

February 19 2016

The National Labor Relations Commission (NLRC) upheld the decision of Labor Arbiter Remedios L.P. Marcos in an illegal dismissal complaint lodged against broadcast company GMA Network by its former talent.

On March 17, 2015, complainant Micholl P. Mabinta, who was engaged as a program researcher or production assistant at different periods for different TV programs of GMA, filed a complaint for regularization and non-payment of his 13th month pay with claims for moral and exemplary damages as well as attorney’s fees.  Said complaint was dismissed on June 8, 2015 by Labor Arbiter Remedios Marcos for lack of merit but Mabinta filed an appeal with the NLRC. 

In their January 29, 2016 Decision, the First Division of the NLRC dismissed Mabinta’s appeal likewise for lack of merit and affirmed that he is not a regular employee of the Network, but an independent contractor due to his failure in establishing that an employer-employee relationship existed between him and the respondents.

In applying the four tests to determine the existence of an employer-employee relationship, the Commission held that only two tests were present – Mabinta was selected by the respondents and the monthly fee was paid to complainant for every work performed.  However, GMA did not exercise the power of dismissal and control over the complainant. The Commission further ruled that the complainant has the power to control the means and methods by which the result is accomplished, using his skills, talent and expertise to achieve the result wanted by the respondents.

Mabinta’s monetary claims were also denied by the NLRC.

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