Scribd Logo
Upload

Welcome to Scribd!

  • 257 views

    Priero Vs Iac

    Uploaded by

    Mavic Morales
    This case involves Alfredo Primero, a bus driver who was dismissed from his employment at DM Transit Corporation. Primero filed a case with the Labor Arbiter claiming illegal dismissal. The Labor Arbiter ruled in Primero's favor and ordered separation pay. Primero then filed a separate case in court seeking damages not just for breach of contract but also tortious acts by his employer related to his dismissal. The court dismissed the case, citing a lack of jurisdiction. The issue was whether a labor case can be split into multiple causes of action. The Supreme Court held that splitting a cause of action is not allowed, and that when an employee claims illegal dismissal, they must make all related claims for reinstatement, back

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Priero Vs Iac

    Uploaded by

    Mavic Morales
    257 views1 page
    This case involves Alfredo Primero, a bus driver who was dismissed from his employment at DM Transit Corporation. Primero filed a case with the Labor Arbiter claiming illegal dismissal. The Labor Arbiter ruled in Primero's favor and ordered separation pay. Primero then filed a separate case in court seeking damages not just for breach of contract but also tortious acts by his employer related to his dismissal. The court dismissed the case, citing a lack of jurisdiction. The issue was whether a labor case can be split into multiple causes of action. The Supreme Court held that splitting a cause of action is not allowed, and that when an employee claims illegal dismissal, they must make all related claims for reinstatement, back

    Original Description:

    Labor relations

    Original Title

    Priero vs Iac

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves Alfredo Primero, a bus driver who was dismissed from his employment at DM Transit Corporation. Primero filed a case with the Labor Arbiter claiming illegal dismissal. The Labor Arbiter ruled in Primero's favor and ordered separation pay. Primero then filed a separate case in court seeking damages not just for breach of contract but also tortious acts by his employer related to his dismissal. The court dismissed the case, citing a lack of jurisdiction. The issue was whether a labor case can be split into multiple causes of action. The Supreme Court held that splitting a cause of action is not allowed, and that when an employee claims illegal dismissal, they must make all related claims for reinstatement, back

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    257 views1 page

    Priero Vs Iac

    Uploaded by

    Mavic Morales
    This case involves Alfredo Primero, a bus driver who was dismissed from his employment at DM Transit Corporation. Primero filed a case with the Labor Arbiter claiming illegal dismissal. The Labor Arbiter ruled in Primero's favor and ordered separation pay. Primero then filed a separate case in court seeking damages not just for breach of contract but also tortious acts by his employer related to his dismissal. The court dismissed the case, citing a lack of jurisdiction. The issue was whether a labor case can be split into multiple causes of action. The Supreme Court held that splitting a cause of action is not allowed, and that when an employee claims illegal dismissal, they must make all related claims for reinstatement, back

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    MORALES, MARIVIC A. Case No.

    32
    Labor Law II Block A

    ALFREDO F. PRIMERO vs. INTERMEDIATE APPELLATE COURT and DM TRANSIT


    G.R. No. 72644, December 14, 1987

    FACTS:

    Primero was discharged from his employment as bus driver of DM Transit Corporation. Primero
    instituted proceedings against DM with the Labor Arbiters of the Department of Labor, for
    illegal dismissal. Labor Arbiter ruled in favour of Primero and ordered the employer to give
    separation pay. After, Primero brought suit against DM in the Court of First Instance of Rizal
    seeking recovery of damages caused not only by the breach of his employment contract, but also
    by the oppressive and inhuman, and consequently tortious, acts of his employer and its officers
    antecedent and subsequent to his dismissal from employment without just cause.

    While this action was pending, Labor Arbiters jurisdiction was once again revised. It restored
    the principle that exclusive and original jurisdiction for damages would once again be vested in
    labor arbiters. In effect, Trial Court rendered dismissed the complaint on the ground of lack of
    jurisdiction.

    ISSUE:

    Can there can be splitting of cause of cause of action in a labor case?

    HELD:

    No, splitting of cause of action is not allowed in labor case. An employee who has been illegally
    dismissed, in such a manner as to cause him to suffer moral damages has a cause of action for
    reinstatement and recovery of back wages and damages. When he institutes proceedings before
    the Labor Arbiter, he should make a claim for all said reliefs. He cannot, to be sure, be permitted
    to prosecute his claims piecemeal. He cannot institute proceedings separately and
    contemporaneously in a court of justice upon the same cause of action or a part thereof. He
    cannot and should not be allowed to sue in two forums: one, before the Labor Arbiter for
    reinstatement and recovery of back wages, or for separation pay, upon the theory that his
    dismissal was illegal; and two, before a court of justice for recovery of moral and other damages,
    upon the theory that the manner of his dismissal was unduly injurious, or tortious.

    Consequently, the judgment of the Labor Arbiter granting Primero separation pay operated as a
    bar to his subsequent action for the recovery of damages before the Court of First Instance under
    the doctrine of res judicata.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy