Thursday, April 9, 2009
TRES REYES V. MAXIM TEA HOUSE (REMEDIAL)
Tres Reyes filed a Motion for Partial Reconsideration which the LA considered as a wrong mode.
We are constrained to conclude that the appellate court had no basis for concluding that the NLRC had gravely abused its discretion when the NLRC gave due course to the motion and treated it as an appeal.
In labor cases, rules of procedure should not be applied in a very rigid and technical sense. They are merely tools designed to facilitate the attainment of justice and where their strict application would result in the frustration rather than promotion of substantial justice, technicalities must be avoided. Technicalities should not be permitted to stand in the way of equitably and completely resolving the rights and obligations of the parties. Where the ends of substantial justice shall be better served, the application of technical rules or procedure may be relaxed.
There being no clear showing that Tres Reyes was culpable for gross negligence, Tres Reyes' dismissal is illegal.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment