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RDS Trucking vs NLRC and Charlie Aldus

RDS TRUCKING [formerly VILL-TRADE TRUCKING] and/or REMIGIO S. DE SILVA, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and CHARLIE A. ALDUS, respondents.

G.R. No. 123941 | 1998-08-27

D E C I S I O N

BELLOSILLO, J. :

The instant petition assails the Decision dated 29 June 1995 of the National Labor Relations Commission in NLRC NCR-00-11-07301-93[1] affirming the conclusion of the Labor Arbiter that respondent Charlie A. Aldus was illegally dismissed, as well as its Resolution dated 21 November 1995 denying reconsideration.

Charlie A. Aldus was employed by RDS Trucking (formerly Vill-Trade Trucking) as trailer driver on 14 January 1991 with salaries payable on a per trip basis. His average salary was P340.00 per trip or P6,800.00 monthly at an average of 20 trips per month. However instead of a 13th month pay he was...