Roberto Capili was hired by Nitto Enterprises as an apprentice machinist for six months. During his employment, he accidentally injured a coworker and himself by operating machinery without proper training. He was asked to resign the next day. Capili filed a complaint alleging illegal dismissal.
The labor arbiter ruled that Capili's termination was valid since he violated the terms of his apprenticeship agreement. However, the National Labor Relations Commission reversed this decision, finding that Capili was a regular employee, not an apprentice, because the apprenticeship agreement was filed after Capili was hired.
The Supreme Court upheld the NLRC's decision, finding that (1) Capili was
Roberto Capili was hired by Nitto Enterprises as an apprentice machinist for six months. During his employment, he accidentally injured a coworker and himself by operating machinery without proper training. He was asked to resign the next day. Capili filed a complaint alleging illegal dismissal.
The labor arbiter ruled that Capili's termination was valid since he violated the terms of his apprenticeship agreement. However, the National Labor Relations Commission reversed this decision, finding that Capili was a regular employee, not an apprentice, because the apprenticeship agreement was filed after Capili was hired.
The Supreme Court upheld the NLRC's decision, finding that (1) Capili was
Roberto Capili was hired by Nitto Enterprises as an apprentice machinist for six months. During his employment, he accidentally injured a coworker and himself by operating machinery without proper training. He was asked to resign the next day. Capili filed a complaint alleging illegal dismissal.
The labor arbiter ruled that Capili's termination was valid since he violated the terms of his apprenticeship agreement. However, the National Labor Relations Commission reversed this decision, finding that Capili was a regular employee, not an apprentice, because the apprenticeship agreement was filed after Capili was hired.
The Supreme Court upheld the NLRC's decision, finding that (1) Capili was
Commission FACTS: Nitto Enterprises hired Roberto Capili as an apprentice machinist, molder and core maker as evidence by an apprenticeship agreement for a period of si months! "hile he #as handling a piece of glass, he accidentally hit and in$%red the leg of an office secretary! &n the same day, he accidentally in$%red himself #hen he entered the #orkshop #hich #as not his #ork station and operated one of the machines #itho%t a%thority! Nitto Enterprises paid for the medication of Capili! The follo#ing day, Capili #as asked to resign in a letter! 'e then eec%ted a (%itclaim and Release in favor of Nitto Enterprises! 'e then filed a complaint before the N)RC Arbitration *ranch of NCR for illegal dismissal and payment of other monetary benefits! The )abor Arbiter rendered his decision finding the termination of Capili as valid and dismissed the money claims! 'e gave t#o reasons for the r%ling: +! Capili #ho #as hired as an apprentice violated the terms of their agreement #hen he acted #ith gross negligence ,! Capili has sho#n that he does not have the proper attit%de in employment partic%larly the handling of machines #itho%t a%thority and proper training The N)RC reversed the decision of the )abor Arbiter and directed Nitto Enterprises to reinstate Capili! The N)RC declared Capili #as a reg%lar employee of Nitto Enterprises beca%se the apprenticeship agreement #as filed #ith the -epartment of )abor and Employment a month after Capili #as hired as an apprentice! Therefore, Capili #as Nitto.s reg%lar employee #hen he #as hired! /etitioner filed a motion for reconsideration b%t it #as denied! 0SS1E: +! "2N Capili is an apprentice of Nitto Enterprises ,! "2N Capili #as illegally dismissed 'E)-: 1. Capili is not an apprentice of Nitto Enterprises The petitioner did not comply #ith the re3%irements of the la#! /rior approval by the -epartment of )abor and Employment of the proposed apprenticeship program is a condition sine qua non before an apprenticeship agreement can be validly entered into! Since the apprenticeship agreement bet#een Nitto Enterprises and Capili has no force and effect in the absence of a valid apprenticeship program d%ly approved by the -&)E, Capili.s assertion that he #as hired not an apprentice b%t as a delivery boy deserves credence! 'e sho%ld be rightly be considered as a reg%lar employee of Nitto! 2. Capili was illegally dismissed Nitto Enterprises failed to comply #ith the t#in re3%irements of notice and hearing by affording Capili amply time and opport%nity to be heard and to defend himself #ith the assistance of co%nsel, if desired! 0n this case, Capili #as asked to resign b%t there s%ch resignation #as not vol%ntary and deliberate! Therefore, an employee #ho is forced to resign is considered to have been illegally dismissed!