Preview

caSES

Powerful Essays
Open Document
Open Document
6506 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
caSES
SMC VS NLRC
Facts: innovation program was proposed by the petitioner among its employees, who will submit to the corporation ideas and suggestions to be beneficial to the corporation. Private respondent, Rustico Vega, submitted an innovation proposal, this was suppose to eliminate certain alleged defects in the quality and taste of the product. However the petitioner rejected the proposal alleging that it is unacceptable. The PR filed a complaint against the petitioner before the regional arbitration branch of the ministry of labor and employment. The PR claimed entitlement to cash prize for the award of his proposal. The petitioner counterclaimed that the labor arbiter does not have jurisdiction that the PR bypassed the grievance machinery procedure under the CBA between them and available remedies provided under the rules of the innovation program.
Issue: W/N labor arbiter and NLRC have jurisdiction
Held: ART. 217. Jurisdiction of Labor Arbiters and the commission. (a) The Labor Arbiters shall have theoriginal and exclusive jurisdiction to hear and decide within thirty (30) working days after submission of the case by the parties for decision, the following cases involving are workers, whether agricultural or non-agricultural:
1. Unfair labor practice cases;
2. Those that workers may file involving wages, hours of work and other terms and conditions of employment;
3. All money claims of workers, including those based on non-payment or underpayment of wages, overtime compensation, separation pay and other benefits provided by law or appropriate agreement, except claims for employees' compensation, social security, medicare and maternity benefits;
4. Cases involving household services; and
5. Cases arising from any violation of Article 265 of this; Code, including questions involving the legality of strikes and lockouts.
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. (Emphasis supplied)
The

You May Also Find These Documents Helpful

  • Good Essays

    In case 11, A Laid-Off Glass Worker, the Union has filed a grievance against the Company for allegedly violating the Labor Agreement in regards to Ronald Petrie. In this case after Mr. Petrie was laid off the remaining employees in the Glass Department worked overtime and temporary transfers were utilized in the department without calling Mr. Petrie back to his position. The overtime and use of temporary transfers went on for approximately three to four months. It is the Union’s opinion in this case that the Company should have acknowledged the fact that a position was open or needed; and the Company should have called Mr. Petrie back to his position.…

    • 575 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Case brief

    • 593 Words
    • 2 Pages

    Issues: 1) Whether the district court erred in concluding that hay is not a “product “for purposes of a strict liability in tort cause of action. 2) Whether the District Court erred in concluding that the Rothings negligence claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses, thus no duty of care existed. 3) Whether the District Court erred in concluding that the Rothings’ breach of contract claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses. 4) Whether the District Court erred in imposing discovery sanctions against the Rothings. 5) Whether the District Court erred in awarding attorney’s fees to Kallestad and denying the Rothings a hearing in respect to the calculation of attorney’s fees. (₱3-7)…

    • 593 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    | An industrial dispute between the Amalgamated Society of Engineers and employers across Australia included three employers from the Western Australian government.The ASE asserted that the Cth industrial award applied to all members including State employeess51(xxxv) ‘conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State’Was the industrial award made under the Commonwealth Conciliation and Arbitration Act 1904 (Cth) binding on the State of Western Australia?The majority held that the Act was a valid exercise of power under s 51(xxxv); State employers with industrial dispute were subject to Cth Arbitration – States were subject to Cth law…

    • 28193 Words
    • 113 Pages
    Good Essays
  • Good Essays

    Kayser Case Analysis

    • 2027 Words
    • 9 Pages

    The American legal system is a complex system with many moving parts. Without the guidance of lawyers, many citizens are left thoroughly confused by the complexities of the court. The court, in both common law and civil law, act as the central means for dispute resolution. The Constitution of the United States of America gives Congress the power to set forth new federal laws, or statutes. With all the many statutes and precedents set in convoluted legal jargon, it is advisable to get professional legal advice, when dealing with matters of the law. With matters, such as personal jurisdiction, subject matter jurisdiction, and proper venue, a case that is improperly…

    • 2027 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Unit 201 NVQ Level 2

    • 1913 Words
    • 8 Pages

    Wages: The act determines methods of wage payment and establishes the right for you to not suffer from unauthorised wage reductions.…

    • 1913 Words
    • 8 Pages
    Good Essays
  • Better Essays

    Aii) a) These are just a few, of many, aspects of employment covered by law:…

    • 1698 Words
    • 7 Pages
    Better Essays
  • Good Essays

    1.1 List the aspects of employment covered by law. Almost every aspect of employment is covered by one or more laws, including: the handling and storage of information, equal opportunities, grievance procedures, health and safety, holiday entitlements, maternity/paternity pay, minimum wage, sickness absence and pay, working time limits, redundancy and retirement.…

    • 1610 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Minimum wage, Hours worked, Discrimination, Health and safety, Holiday entitlements, Redundancy and dismissal, Training, Disciplinary procedures, Union rights and consultation, among many others. Labour law covers the deal between employee and employer. Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels.We also have the Disability Act, Manual Handling Operations and Regulations, Data Protection Act, The Medicine Act, General Social Care Council code 2001, RIDDOR 1995 and more.…

    • 476 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    nvq err

    • 1954 Words
    • 7 Pages

    Minimum wage, Hours worked, Discrimination, Health and safety, Holiday entitlements, Redundancy and dismissal, Training, Disciplinary procedures, Union rights and consultation, among many others. Labour law covers the deal between employee and employer. Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels.…

    • 1954 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    (a) It shall be an unlawfulemploymentpractice for an employer(1) to fail or refuse to hire or to dischargeany individual,or otherwiseto discriminate against any individual with respect to his compensation,terms, conditions, or…

    • 9192 Words
    • 37 Pages
    Good Essays
  • Good Essays

    Recruitment and Selection

    • 778 Words
    • 4 Pages

    There are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Alberta. Those types of legislation being:…

    • 778 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Nvq 2

    • 2231 Words
    • 9 Pages

    Overtime a body of law or legislation has developed governing employer/employee relations and right of employees and employers in the workplace subsequently amended by the employment relations Acts of 1999 and 2003, provides arrange of contractual rights for employees including entitlement to an itemised pay statement. Entitlement to national minimum wage that the terms and conditions of work must be set out in writing protection against unfair dismissal at work.…

    • 2231 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    law case

    • 427 Words
    • 2 Pages

    The purpose of this arbitration paper is written for arbitration meeting conducted on April 4th 2014 for the incident happened in February 15th.…

    • 427 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply…

    • 2199 Words
    • 9 Pages
    Satisfactory Essays
  • Best Essays

    [ 4 ]. New South Wales v Commonwealth (“Workchoices’ Case”) (2006) 229 CLR 1, 305.…

    • 4001 Words
    • 17 Pages
    Best Essays