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Genesis Transport Service, Inc. et al. Vs. Unyon ng Malayang Manggagawa ng Genesis (UMMGT), et al.

GENESIS TRANSPORT SERVICE, INC. and RELY L. JALBUNA, Petitioners, versus UNYON NG MALAYANG MANGGAGAWA NG GENESIS TRANSPORT (UMMGT), and JUAN TAROY, Respondents

G.R. No. 182114 | 2010-04-05

D E C I S I O N


CARPIO MORALES, J.:

Respondent Juan Taroy was hired on February 2, 1992 by petitioner Genesis Transport Service, Inc. (Genesis Transport) as driver on commission basis at 9% of the gross revenue per trip.

On May 10, 2002, Taroy was, after due notice and hearing, terminated from employment after an accident on April 20, 2002 where he was deemed to have been driving recklessly.

Taroy thus filed on June 7, 2002 a complaint[1] for illegal dismissal and payment of service incentive leave pay, claiming that he was singled out for termination because of his union activities, other drivers who had met accidents not having been...