GMA Network wins labor case versus former casual employees

Labor Arbiter Gaudencio P. Demaisip, Jr., of the National Labor Relations Commission favored GMA Network, Inc. (GMA) and GMA Chairman and CEO Felipe L. Gozon in a labor case filed by Joselito M. Dela Cruz and Edgardo S. Enriquez, who are former casual employees of the company.

In his Decision dated September 12, 2012, the labor arbiter dismissed the complaint of Dela Cruz and Enriquez for illegal dismissal and regularization.

The case arose when Dela Cruz and Enriquez joined talents of GMA with existing Talent Agreements in initially filing a complaint for regularization of employment. The two joined in the complaint despite being fully aware of their status as relievers, who were intermittently engaged to augment the regular crew in certain GMA programs.

Dela Cruz and Enriquez, given their reliever or pinch-hitter status as cameraman and assistant cameraman, respectively, were neither required nor expected to be available at any time the need for additional manpower arises. They were likewise not prohibited to seek employment outside of GMA.

According to Demaisip, the requirement of “usually necessary or desirable in the usual business or trade of the employer” found in Article 280 of the Labor Code cannot be applied to the terms and conditions of employment of the complainants, who were both hired as casual employees.

Under Article 280 of the Labor Code, casual employees become regular employees only when they have rendered at least one year of service. The complainants’ total and aggregate number of days of work as augmentation crew or relievers has not reached one year. Further, the complainants, being casual employees of the Network, are not entitled to security of tenure that regular employees enjoy under Article 279 of the same law.

The labor arbiter thus found no substantial cause to support the complainants’ action for illegal dismissal and regularization.