Navarette V Manila International
Navarette V Manila International
Navarette V Manila International
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WHEREFORE, premises considered, judgment is hereby
rendered dismissing the instant complaint for lack of merit.
SO ORDERED.[2]
On appeal,[3] the NLRC reversed the Decision of the Labor
Arbiter and ordered Navarette's reinstatement with
backwages and other benefits. To the commission, MBI is a
labor-only contractor, thus making MIFFI and MCLI
Navarette's employer. The NLRC disposed of the case in this
wise:
WHEREFORE, premises considered, the appeal
is GRANTED. The Decision of the Labor Arbiter dated May
24, 2004 is REVERSED andSET ASIDE, and a NEW
ONE rendered finding respondent MBI as a labor-only
contractor. Consequently, respondents MIFFI/MCLI are
declared to be complainant's employer, and accordingly
respondents MIFFI/MCLI are ordered to:
1. Reinstate complainant to her former position or
equivalent position without loss of seniority rights;
2. Pay complainant her full backwages computed from
the time she was illegally dismissed up to the
finality of this Decision; and
3. Pay complainant attorney's fees in an amount
equivalent to ten (10%) of the total monetary
award.
Complainant's monetary award is provisionally computed as
follows:
Backwages
1.) Basic Salary
10/6/036/15/05
250x26x20.30 131,950.00
6/16/057/10/06
275x26x12.83 91,734.50
7/11/068/27/07
300x26x13.57 105,846.00
8/28/076/13/08
362x26x9.53 89,696.36
6/14/088/27/08
377x26x2.47 24,210.94
8/28/082/3/09
382x26x5.17 51,348.44
494,786.24
th
2.) 13 mo pay
494,786.24/12
41,232.19
3.) SILP
250x5/12x20.3
0
275x5/12x12.8
3
300x5/12x13.5
7
362x5/12x9.53
377x5/12x2.47
382x5/12x5.17
2,114.58
1.470.10
1,696.25
1,437.44
387.99
822.89
7,929.25
4.) COLA
10/6/037/9/04
50x26x9.10 11,830.00
7/10/048/27/07
50x26x37.60 48,880.00
6/14/088/27/08
5x26x24.7
321.10
Attorney's fee
10%
Total Award
61,031.10
604,978.78
60,497.88
P665.476.66[4]