Professional Documents
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Petitioner NYK hired respondent Virginia Publico as a sewer.Under the terms and conditions
of her employment, Publico was paid on a piece-rate basis, butrequired to work from 8:00
A.M. to 12:00 midnight. On the average, she earned P185.00 daily.
One day, she left work early without permission as she was not feeling well. When she
failed to report to work the following day, NYK fired her without notice or hearing.
Aggrieved, private respondent filed a complaint for illegal dismissal against petitioner
corporation and its manager, Cathy Ng
Before the Labor Arbiter, petitioners predictably had a different version of the story.
Allegedly,they took the pains to verify why Publico did not report for work that day and
found out thather husband did not allow her to work at night. As night work is a must in
their line of business,particularly when there are rush orders, petitioners claimed that
given Publicos failure to renderovertime work, they were left with no other recourse but to
fire her.
The LA held that there was illegal dismissal; the NLRC and CA affirmed the LA.
Kath Ng, the companys manager was held jointly and severally liable with NYK
to pay the backwages of Publico