CASE DIGEST: COLGATE PALMOLIVE PHILIPPINES, Inc. vs. OPLE. G.R. No. 73681. June 30, 1988

FACTS:

The respondent Union filed a Notice of Strike with the Bureau of Labor Relations against petitioner for unfair labor practice consisting of alleged refusal to bargain, dismissal of union officers, members, and coercing employees to retract their membership with the union and retraining non-union members from joining the union. Failure to amicably settle the dispute, the Ministry of Labor and Employment (MOLE) assumed the jurisdiction over the dispute.

In its position paper to MOLE, Petitioner denied accusations and contended that the union is not the certified agent of the company salesman; that its legitimate status is in question and that the dismissal of three salesmen is with just cause.

ISSUE:

Whether the MOLE committed error in reinstating the three salesmen despite its own finding that there is indeed a just cause in dismissing them.

RULING:

Yes, the order of the respondent Minister to reinstate the employees despite a clear finding of guilt on their part is not in conformity with law. Reinstatement is simply incompatible with a finding of guilt. Where the totality of the evidence was sufficient to warrant the dismissal of the employees, the law warrants their dismissal without making any distinction between a first offender and a habitual delinquent. Under the law, respondent Minister is duly mandated to equally protect and respect not only the labor or worker's side but also the management and/or employer's side. The law, in protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the employer. To order the reinstatement of the erring employees would in effect encourage unequal protection of the laws.