Baguio Country Club Corp. vs. National Labor Relations Commission (NLRC) Summary

BAGUIO COUNTRY CLUB CORPORATION, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, ASSOCIATED LABOR UNION (ALU) AND JIMMY CALAMBA, respondents.

G.R. No. 71664 | 1992-02-28

Usually necessary or desirable, test

Regular employee (employment) , test, standard is the reasonable connection between the particular activity performed by the employee in relation to the usual business or trade of the employer
Regular employee; Repeated rehiring and the continuing need for employee service are sufficient evidence of the necessity and indispensability of his service to the business or trade of the employer
Regular employee; test is the nature of the activities performed by worker; must be usually necessary or desirable to the particular business or trade of the employer

D E C I S I O N

MEDIALDEA, J.:

This petition for certiorari seeks to annul and set aside the resolution issued by the respondent National Labor Relations Commission dated June 10, 1985 dismissing the appeal of petitioner for lack of merit and affirming in toto the decision of the Executive Labor Arbiter dated September 15, 1982 declaring private respondent Calamba as a regular employee entitled to reinstatement to the position of gardener without loss of seniority and with full backwages, benefits and privileges from the time of his dismissal up to reinstatement including 13th month pay.

The antecedent facts are as follows:

Petitioner Baguio...