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Reyes v. RP Guardians

Petitioners were security guards hired by respondent security agency. When the agency's contract with the client bank expired, petitioners were put on floating status while waiting for new assignments. However, several months passed without new assignments, so petitioners filed a complaint for constructive dismissal. The labor arbiter, NLRC, and CA all found the security agency guilty of illegal dismissal for keeping petitioners on floating status beyond the reasonable six-month period. The Supreme Court affirmed, finding petitioners were constructively dismissed since their floating status lasted over six months. The case was remanded to compute exact monetary benefits due to petitioners.

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Joesil Dianne Sempron
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138 views1 page

Reyes v. RP Guardians

Petitioners were security guards hired by respondent security agency. When the agency's contract with the client bank expired, petitioners were put on floating status while waiting for new assignments. However, several months passed without new assignments, so petitioners filed a complaint for constructive dismissal. The labor arbiter, NLRC, and CA all found the security agency guilty of illegal dismissal for keeping petitioners on floating status beyond the reasonable six-month period. The Supreme Court affirmed, finding petitioners were constructively dismissed since their floating status lasted over six months. The case was remanded to compute exact monetary benefits due to petitioners.

Uploaded by

Joesil Dianne Sempron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REYES, DABBAY, VIGILIA, CALANNO, SUPE, JR., TRINIDAD, DULDULAO VS.

RP GUARDIANS SECURITY AGENCY, INC.


G.R. No. 193756. April 10, 2013.

When the Coating status lasts for more than six (6) months, the employee may be considered
to have been constructively dismissed.

Facts
Petitioners Reyes, et al. were hired by respondent RP Guardians Security Agency as security
guards. They were deployed to Banco Filipino. On September 2006, Respondent’s security
contract with Banco Filipino expired. So, petitioners were informed of the fact in a letter. They
were directed to turnover their duties and were advised to be placed on a floating status while
waiting for available post. Petitioners waited but several months lapsed, they were not given
assignments.

Thus, on April 10, 2007, petitioners filed a complaint for constructive dismissal. Respondent
posited for its part that there was no dismissal because the termination was due to the
expiration of the service contract which was coterminus with their employment.

LA granted petitioner-employee’s complaint; NLRC sustained LA’s decision; CA affirmed


NLRC’s decision. However, the CA reduced the computation of the separation pay, thus
petitioner’s recourse before the SC.

Issue: Were petitioners constructively dismissed?


Ruling: No doubt they were.

The LA, the NLRC and the CA were one in their conclusion that respondent was guilty of illegal
dismissal when it placed petitioners on Coating status beyond the reasonable six-month period
after the termination of their service contract with [Banco Filipino].

Temporary displacement or temporary off-detail of security guard is, generally, allowed in a


situation where a security agency's client decided not to renew their service contract with the
agency and no post is available for the relieved security guard. Nonetheless, when the Coating
status lasts for more than six (6) months, the employee may be considered to have been
constructively dismissed.

Settled is the rule that that an employee who is unjustly dismissed from work shall be entitled to
reinstatement without loss of seniority rights and other privileges, and to his full backwages,
inclusive of allowances and to his other benefits or their monetary equivalent computed from the
time his compensation was withheld up to the time of actual reinstatement. If reinstatement is
not possible, however, the award of separation pay is proper.

Disposition: Petition for constructive dismissal is GRANTED; The case is REMANDED to the
Labor Arbiter for further proceedings to make a detailed computation of the exact amount of
monetary benefits due petitioners.

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