Legal Question in Employment Law in Philippines
Dismissal of Complaint and Motion for Reconsideratio
There were two complaints in the same case which was dismissed by the lower labor arbiter. WHen appealed at the National Labor Relations Commission (NLRC), the NLRC set aside the Labor Arbiter's decision except for one complainant because she failed to sign in the joint Appeal--name removed--WHy? Because said complainant left for another country already to work without leaving any authorization for a representative, an administrator or a lawyer for example--name removed--Question: Should the complainant who is going to Appeal the case to the COurt of Appeals include the name of the other complainant in the title of the case-petition even if her case is already resolved and she is happy already with the decision for her.
1 Answer from Attorneys
Re: Dismissal of Complaint and Motion for Reconsideratio
No, failure to participate in the appeal would not benefit him. It is a rule that only those who are privy to cases can be prejudiced or be benefitted. It can only work in his favor under very exceptional circumstances, depending on the facts of the case.
Related Questions & Answers
-
Illegal dismisal i was accused steeling company property without any evidence Asked 5/09/07, 10:26 am in Philippines Labor and Employment Law
-
Nbi clearance What is the case if you wrote a wrong birth date and status Asked 3/01/07, 2:47 am in Philippines Labor and Employment Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
