Labor Law, 2019 Bar — Question B.12-a

ESSAY

Due to serious business reverses, ABC Co. decided to terminate the services of several officers receiving "fat" compensation packages. One of these officers was Mr. X, its Vice-President for External Affairs and a member of the Board of Directors. Aggrieved, Mr. X filed a complaint for illegal dismissal before the National Labor Relations Commission (NLRC) — Regional Arbitration Branch. ABC Co. moved for the dismissal of the case on the ground of lack of jurisdiction, asserting that since Mr. X occupied the position of Vice-President for External Affairs which is listed in the by-laws of the corporation, the case should have been filed before the Regional Trial Court. The Labor Arbiter (LA) denied ABC Co.'s motion and proceeded to rule that Mr. X was illegally dismissed. Hence, he was reinstated in ABC Co.'s payroll pending its appeal to the NLRC. (a) Did the LA err in denying ABC Co.'s motion to dismiss on the ground of lack of jurisdiction? Explain. (2.5%)

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