PAL vs. NLRC (Labor Law Review)

G.R. No. 85985 August 13, 1993 PHILIPPINE AIRLINES, INC. (PAL), petitioner, 

vs.

NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER ISABEL P. ORTIGUERRA and PHILIPPINE AIRLINES EMPLOYEES ASSOCIATION (PALEA), respondents.

FACTS:

Michael Beldad, a security guard employed by petitioner airline, witnessed respondent Zabayle loading several bottles of whiskey and some cigarettes into a taxi parked near the Passenger Services Department, Inflight Center (IFC), Pasay City. Zabayle was assisted by Martin Cantiller, a messenger of the Flight Attendants' and Stewards' Association of the Philippines (FASAP), to which Zabayle was affiliated.

Beldad approached Cantiller and informed him that it was against company policy to bring out liquor and cigarettes without an out-gate pass but he was allegedly ignored. 

Zabayle and Tinio were administratively charged for various offenses ranging from breach of security to insubordination, withholding of cooperation, disrespect of authority, abuse of authority, maltreatment of colleaques and subordinates, discourtesy, and serious misconduct.

After due notice and hearing, respondents Lucio Zabayle and Jose Tinio were dismissed by petitioner airline, prompting them to file a complaint for illegal dismissal, with prayer for reinstatement and payment of backwages.

ISSUES:

Whether Zabayle and Tinio were illegally dismissed.

RULING:

Yes, The Labor Arbiter ruled in favor of private respondents.

PAL failed to sufficiently show that respondent Commission gravely abused its discretion in concluding that there was illegal dismissal in the case at bar.

Both respondents were never aware of the rule relating to the out-gate pass and interception report.

As a matter of fact, even PAL's other cabin crew members were similarly not aware of this requirement until after the incident.