Labor Arbiter dismisses complaint against GMA Network | GMANetwork.com - Corporate - Articles

Labor Arbiter Jonalyn M. Gutierrez dismissed the regularization and illegal dismissal case filed by a former cameraman of GMA Network, Inc.

Labor Arbiter dismisses complaint against GMA Network



Labor Arbiter Jonalyn M. Gutierrez dismissed the regularization and illegal dismissal case filed by a former cameraman of GMA Network, Inc. (GMA).
 
In her decision dated September 30, 2014, Gutierrez dismissed the case on the ground of lack of jurisdiction, citing the lack of an employer-employee relationship between the two parties.
 
This is in relation to Felipe P. Alvarez's allegations in his complaint filed on August 5, 2013, that he was dismissed without due process after being employed continuously by the Network.
 
GMA maintains that the complainant’s services were contracted intermittently, only when the need arose for additional manpower. He was merely offered the chance to earn extra income which complainant may opt to accept or decline. He works at his own pleasure and had absolute freedom to perform his services in accordance with his own pace, manner, method and style. 
 
The Labor Arbiter cites the following as basis for determining the existence of an employee-employer relationship, “(1) the selection engagement of the employee; (2) the payment of wages; (3) the power of dismissal and (4) the employer’s power to control on the means and methods by which the work is accomplished.”
 
In the case of Alvarez, the complainant’s services as cameraman reliever or pinch-hitter were engaged by GMA and he was duly compensated therefore. His further non-engagement as a reliever or pinch-hitter was a decision arrived at by management to terminate his services. GMA had the power to terminate the services of Alvarez.
 
The Labor Arbiter also found that “the element of control by respondent [GMA] was not fully substantiated by complainant” as the facts clearly showed that Alvarez was engaged on a part-time basis, leading to the decision in favor of GMA. 
 

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