A LABOR group urged the Supreme Court to reconsider parts of its ruling that recognized the circumstances surrounding the dismissal of a worker, but stressed that a finding of illegal dismissal must automatically result in reinstatement and full back wages.
The Federation of Free Workers (FFW) on Sunday said that while it welcomed the high court ruling penned by Justice Filomena D. Singh that reaffirmed the rights of worker Ariel Carpio to security of tenure and protection from unjust termination, the decision should go further by granting the full remedies provided under labor laws.
FFW president Sonny Matula said that Article 294 of the Labor Code is clear: workers who are illegally dismissed are entitled to reinstatement without loss of seniority rights and payment of full back wages.
“These are not optional remedies but mandatory protections under the law,” Matula pointed out.
FFW also encouraged Carpio’s camp to file a motion for reconsideration, arguing that the legality of the contracting arrangement involved in the case deserves closer examination.
The group questioned the reliance on an earlier ruling that recognized Great Value as a legitimate contractor, saying that each labor dispute must be decided on its own facts and evidence.
“A contractor does not become legitimate forever simply because it prevailed in a previous case,” according to the FFW.
The labor federation further argued that the facts cited in the ruling point to a broader issue involving workers’ rights to organize.
It noted that Carpio and several co-workers were reportedly transferred from Green Era Biotech to Great Value in January 2017, later joined a union, and sought regularization before the labor dispute escalated.
The federation added that the sequence of events raises concerns about possible retaliation against workers who exercised their constitutional right to self-organization.
Also, the FFW disagreed with the dissenting opinion that Carpio’s absences constitute serious misconduct, arguing that Carpio had cited illness and recurring toothaches for his absences and informed his supervisors of his condition.
Moreover, the labor group argued that many low-income workers cannot afford regular medical or dental consultations and should not automatically be deemed dishonest simply for failing to produce medical certificates.
“The Constitution commands full protection to labor, not perfect paperwork from poor workers,” Matula said.
He added that courts should consider the broader employment environment, including workers’ efforts to organize and seek regularization, instead of evaluating attendance issues in isolation.
FFW maintained that workers transferred to manpower agencies and facing uncertain employment conditions may experience stress and anxiety that affect attendance and performance.
The group emphasized that serious misconduct requires deliberate and wrongful intent, which it believes was not established in Carpio’s case.
FFW called on the high court to issue a definitive ruling that clearly affirms Carpio’s illegal dismissal and orders his immediate reinstatement, full back wages, and all related benefits.
“Justice is incomplete when a worker is declared illegally dismissed but denied the full relief guaranteed by law,” the federation said.
