Labor case filed vs. TAPE Inc. dismissed

The case filed by former employees against Television and Production Exponents Inc. (TAPE) has been dismissed.

In a 10-page decision paper, the National Labor Relations Commission said that “the totality of the evidence presented indubitably shows that complainants resigned from their employment without any coercion or compulsion from respondents.”

“It is not enough for complainants to claim constructive dismissal because they were allegedly not properly paid their salary/wages during their employment with respondents,” it added, saying that the former employees were “fully aware” of the effects of their resignation as well as its consequences. “They failed to show any tangible acts of harassment, insults, and any abuse that would warrant a possible finding of constructive dismissal."

Nine former TAPE Inc. employees filed the complaint for regularization, non-payment of overtime pay, holiday pay, and holiday premium. The complaint also included 13th-month pay and night shift differentials, damages, attorney’s fees and other causes of action including non-payment of special project and unexplainable deductions.

The complainants were once part of the production staff of “Eat Bulaga” as cameramen, utility staff, talent coordinator, VTR staff, and lighting director. When they were hired, they did not sign any employment contract, which they did not know at the time was necessary.

However, the NLRC said that the claim for separation pay and attorney’s fees and damages, as well as overtime pay, also had “no legal grounds to justify,” and were “not enough evidence.”

“All other claims are denied for want of factual and legal basis.”

In a statement, TAPE Inc. legal counsel and spokesperson Atty. Maggie Garduque said that the company “felt vindicated.”

“From the start, TAPE is for the employees. That was the reason why they continued to air Eat Bulaga sans TVJ and other key employees who went with them for their new show at TV5," she said.

"TAPE thought of the 200 employees left who will have no work if they did not continue with the show. This as a prelude, I hope truth will start to come out,” she added.

On May 31, Tito Sotto, Vic Sotto, and Joey de Leon parted ways with TAPE Inc.

In July, they filed a copyright infringement complaint against the company for using the name "Eat Bulaga," which the IPO ruled in favor of TVJ as the rightful owners of the trademark.

After changing its name, “Tahanang Pinakamasaya” ended its run on air in March. —Carby Basina/JCB, GMA Integrated News