CA junks GMA plea to reverse NLRC ruling in labor case
Credit to Author: eestopace| Date: Tue, 26 Feb 2019 10:19:10 +0000
MANILA, Philippines — The Court of Appeals (CA) has dismissed the petition filed by network giant GMA-7 seeking a reversal of the decision of the National Labor Relations Commission (NLRC) to declare their 96 “talents” as regular employees.
READ: NLRC sides with GMA-7 talents, upholds employee regularization
In a 19-page ruling written by Associate Justice Zenaida Galapate-Laguilles, the CA Special Fourteenth Division said GMA-7’s petition is “unmeritorious.”
The appeals court ruled that the “talents” of the television network are regular employees. Citing a statement of GMA-7 itself, CA said the “talents” are part of the production crew, and they perform functions that are necessary and essential to GMA-7.
“Petitioner GMA’s goal was to ensure excellent delivery of its programs to the viewing public. This could not have been achieved had it not been for the skills of the private respondents,” the CA ruling stated.
In dismissing GMA-7’s petition, the appeals court said there was no grave abuse of discretion on the part of the NLRC in declaring that the “talents” are regular employees who are “entitled to security of tenure and all benefits and rights appurtenant to their status.”
“In this case, it is not shown that the NLRC exercised its judgment whimsically, arbitrarily or despotically by reason of passion and hostility considering that its findings are supported by substantial evidence,” the appellate court explained.
In affirming the NLRC’s ruling that an employer-employee exists between GMA-7 and the “talents,” the appeals court used the four-fold test, which include the selection and engagement of the employee; the payment of wages; the power of dismissal; and the employer’s power to control the employee on the means and methods by which the work is accomplished.
“There is no denying that under the Talent Agreement petitioner GMA has the power to discharge private respondents should it find their work failed to meet its standards and the latter are highly dependent on the former for continued work,” the CA stressed.
Furthermore, the CA said the respondents were subjected to the control and supervision of GMA, “a fact which is regarded as the most crucial and determination indicator of the presence or absence of an employer-employee relationship.”
The appellate court noted that GMA had imposed standards that the respondents should follow based on their job descriptions.
The CA added that there is no grave abuse of discretion on the part of the NLRC in declaring that the “talents” are regular employees.
“In this case, it is not shown that the NLRC exercised its judgment whimsically, arbitrarily or despotically by reason of passion and hostility, considering that its findings are supported by substantial evidence,” the appellate court explained.
Concurring with the ruling were Associate Justices Mario Lopez and Gabriel Robeniol.
Reached for comment, GMA-7 through its Corporate Affairs and Communication said they have not received a copy of the decision. /ee