Back

Filflex Industrial & Mfg Corp vs Natl Labor Relation, NAFLU and Galing

FILFLEX INDUSTRIAL & MANUFACTURING CORPORATION AND/OR CELIA BUENCONSEJO, Petitioner, vs NATIONAL LABOR RELATIONS COMMISSION, NATIONAL FEDERATION OF LABOR UNIONS [NAFLU] AND SALUD GALING, Respondents.

G.R. No. 115395 | 1998-02-12

D E C I S I O N


PANGANIBAN, J :

Is an employee entitled to back wages during the pendency of her appeal before the NLRC, even if the assailed Labor Arbiter's Decision did not order her reinstatement? May the NLRC decree back wages where the employee's dismissal was legal?

The Case

The Court answers these questions in the negative in granting this Petition for Certiorari under Rule 65 of the Rules of Court assailing the October 29, 1993 Resolution[1] of the National Labor Relations Commission[2] [NLRC] which disposed as follows:[3]

"WHEREFORE, the assailed Decision is hereby set aside and a new one is entered dismissing the complaint...