TI labor case dismissed-A A +A
Sunday, October 6, 2013
THE National Labor Relations Commission dismissed the constructive dismissal and violation of due process case filed by Engr. Jebah Areola against Texas Instruments Philippines, Inc. (TIPI).
NLRC labor Arbiter Monroe Tabingan ruled, “This forum finds sufficient and compelling reasons to hold the complainant’s claim that he was constructively dismissed finds no legal basis or cause of action.”
Areola, who worked for the semiconductor firm for 12 years, was asked to return to the company last year as Process engineer leaving his job in Malaysia. But changes in work assignments, internal differences and a supposed breach in contract brought him to courts.
Areola believed changes in his work assignment were done to make him eventually file a resignation but he sought legal action instead.
Tabingan cited five points to which the complaint filed by Areola insufficient.
Tabingan stated that Areola was the one who requested from the human resource officer that “his full potential and expertise based on his experiences as a manager must be maximized to its fullest in order to elevate the competency of the company.” Tabingan stated that when TIPI agreed to his proposal, “Complainant is therefore, stopped to deny his transfer to the new department was not inconvenient or was not prejudicial to him.”
Second: “As correctly argued by respondent TIPI, the fact he was not reporting to the General Operations Manager but to an officer lower in rank does not involve a demotion in rank, since the managing process is by nature done through channels.”
“Besides, the records show that HRD Officer Sanil wanted to settle the matter with complainant but the latter stood pat on his decision to push through with his case of constructive dismissal,” Tabingan stated.
Third: “The Complainant never did not refute there was diminution of the monthly salary agreed upon… and in the same vein, the complainant could not refute there was a slight increase in his allowances in his new position as manager and that his expertise was duly recognized on the aspect of operational programs and that he was even paid a substantial bonus.”
Fourth, Tabingan said they could not verify Areola's harassment claims, "While the records reveal Medical Certificates (infra) evidencing the contraction by complainant of ‘high blood pressure’ affecting his heart ailment, it is illogical to lay the blame on respondent TIPI in the absences of continuous pressure done byrespondents, which directly caused much stress on him for the charge harassment done by respondent TIPI against complainant.”
Lastly, “complainant had been refusing the continuous offer of Respondent for him to return to work. He failed to prove that Respondent was acting in bad faith in effecting the transfer.”
Areola has since filed an appeal to the NLRC and was awaiting its decision.
Published in the Sun.Star Baguio newspaper on October 07, 2013.