Background
Petitioner George S. Galbinez, Jr. was employed as a delivery boy, dishwasher, and janitor at Mc Gerry's Restaurant, a business registered in the name of Gerry Velasquez but allegedly owned and operated by the respondent spouses Hokian and Kim Co.
History
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Labor Arbiter, June 2, 2009 — found no employer-employee relationship with Mc Gerry's, holding Metro's Manpower Agency (MMA) and Bobby Velasco liable, and ordering reinstatement and backwages.
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NLRC, Feb. 25, 2010 — reversed the Labor Arbiter, finding petitioner a regular employee of Mc Gerry's/respondents and ordering separation pay, backwages, underpaid wages, overtime, premium pay, ECOLA, 13th month pay, and attorney's fees; MMA and Velasco were dismissed for lack of jurisdiction. Motion for reconsideration denied Apr. 28, 2010.
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Court of Appeals, June 28, 2012 — partly granted the petition for certiorari, affirming the employer-employee relationship but nullifying the finding of illegal dismissal, deleting separation pay, backwages, and overtime, while affirming awards for underpaid wages, ECOLA, 13th month pay, and attorney's fees; remanded for detailed computation. Motion for reconsideration denied Jan. 21, 2013.
Facts
George S. Galbinez, Jr. alleges that he was hired on January 6, 2006 by spouses Hokian and Kim Co as a delivery boy, dishwasher, and janitor at Mc Gerry's Restaurant, and was paid P100.00 per day for long hours without overtime, rest-day/holiday, or holiday pay. He claimed that the proprietors were in fact the respondent spouses, though the business was registered in the name of Gerry Velasquez. In September 2006, his salary began being coursed through Metro's Manpower Agency (MMA), his schedule was reduced, and on December 30, 2007, he was barred from the restaurant and told his services were no longer required.
On June 4, 2008, petitioner filed an amended complaint with the NLRC for actual illegal dismissal, underpayment/non-payment of wages, and other monetary claims against Mc Gerry's, the respondent spouses, Velasquez, and Bobby Velasco (connected to MMA). Mc Gerry's and Velasquez maintained that the restaurant was a sole proprietorship registered in Velasquez's name, that MMA had assigned petitioner to them, and that petitioner subsequently stopped reporting for work.
Issues
- Illegal Dismissal: Whether petitioner proved that he was illegally dismissed by respondents.
- Abandonment: Whether respondents proved that petitioner abandoned his employment.
- Liability for Monetary Claims: Who is liable for petitioner's monetary claims (separation pay, underpaid wages, ECOLA, 13th month pay, attorney's fees) given the business registration in Velasquez's name and petitioner's allegations concerning the respondent spouses.
- Attorney's Fees: Whether attorney's fees in this labor recovery case are limited to ten percent of the amount recovered under Article 111.