August 04 2017
The fourth division of the National Labor Relations (NLRC) in Quezon City, through Commissioner Bernardino B. Julve, affirmed on June 29, 2017 the ruling of Labor Arbiter Alberto O. Dolosa which dismissed the complaint for illegal suspension filed by former GMA talents Edmalynne A. Remillano, Carmela E. Pamiloza, Winchele V. Ochoa, Nyorly Gail S. Montero, Maria Evrheene J. Balbuena, and Vianca Legarce Vega for lack of merit.
The complaint stemmed from Remillano joining a protest rally initiated by the Talents Association of GMA (TAG), of which she is a member, and absented herself from work without any prior advice or authorization for which reason she was suspended from work. The other complainants, on the other hand, were in the midst of a break in their engagement with GMA brought about by the expiration and subsequent non-renewal of their talent agreements.
Labor Arbiter Dolosa’s ruling stated that there was no illegal suspension in the case at hand, and that regardless of the status of the complainants’ employment, GMA had the prerogative to discipline its employees according to law and the contract entered into by the parties.
Commissioner Julve noted that Remillano’s wilful unauthorized absence from 1st to 8th June 2015 “can be considered as both serious breach of their Talent Agreements and gross habitual neglect of duty” regardless of her employment status.
For the five other complainants, the NLRC ruled that “no suspension can actually be inferred from the circumstances of this case” since the complainants failed to show sufficient proof that they were suspended by GMA. Furthermore, it was the complainants’ personal decision not to report to work which resulted to the break in their relations with GMA.