Labor Arbiter junks illegal dismissal complaint versus RGMA Network | GMANetwork.com - Corporate - Articles

In his nine-page decision dated January 28, 2016, the Executive Labor Arbiter ruled that David was not dismissed from RGMA but voluntarily resigned from his employment

Labor Arbiter junks illegal dismissal complaint versus RGMA Network

March 01 2016

Executive Labor Arbiter Jose C. Del Valle, Jr. of the National Labor Relations Commission decided in favor of Radio GMA Network, Inc. (RGMA), a subsidiary of GMA Network, Inc. that manages its nationwide radio operations, in an illegal dismissal complaint filed by its former employee.

Complainant Vicente G. David, a former Chief Technician of RGMA Naga City Station, alleged that he was forced to resign from the company, and thus illegally dismissed from his employment.

This, after David along with former RGMA Naga Station Manager Roberto delos Martinez was confronted by RGMA Vice President for Administration and Finance Eugene H. Ramos about some irregularities and infractions discovered during a routine audit/inventory of all provincial radio stations managed by RGMA.

In his nine-page decision dated January 28, 2016, the Executive Labor Arbiter ruled that David was not dismissed from RGMA but voluntarily resigned from his employment.  In arriving at the said Decision the Executive Labor Arbiter declared that “to constitute resignation, it must be unconditional and with the intent to operate as such. There must be an intention to relinquish a portion of the term of office, accompanied by an act of relinquishment.” 

With this, the Labor Arbiter proclaimed that David’s decision to resign was unconditional, and that by stating in his resignation letter his reasons for resigning and attaching his medical certificate dated September 29, 2014, the complainant showed “his strong desire that his resignation letter must operate as such”. The Executive Labor Arbiter also stated that the complainant’s act of sending another letter dated October 29, 2014 to the President of RGMA Network reiterating his intention to avail of early retirement ”clearly show complainant’s strong desire to be separated immediately from respondent company, whether complainant calls it early retirement or resignation, the legal effect would be the same.” 

Further, the Executive Labor Arbiter was convinced that the complainant executed and signed his resignation letter voluntarily and fully knowing its legal consequences because, as noted by the Executive Labor Arbiter, the complainant is an educated individual and the resignation letter was written in simple and short English language which is irrevocable and unconditional.

In fine, the Executive Labor Arbiter dismissed the complaint for illegal dismissal for lack of merit and likewise dismissed all other claims and charges for lack of factual and/or legal basis.

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