ABS-CBN wins illegal dismissal case

ABS-CBN Broadcasting Corporation won a  labor case involving a  former news anchor who complained that he was illegally fired  in 1998  after he went on leave to join a political campaign.

The Supreme Court (SC) denied the petition filed by Ernesto Ymbong against ABS-CBN, Visayas Cluster head Veneranda Sy and Dante Luzon, former assistant station manager of dyAB.

The High Court upheld  a ruling  of the Court of Appeals, which found Ymbong to have resigned from work and was not illegally dismissed.

Ymbong co-anchored “Hoy Gising” and “TV Patrol Cebu” in 1993. His stint with ABS-CBN was extended to radio when ABS-CBN Cebu launched its AM station dyAB in 1995.

In 1998, Ymbong went on  leave saying he  would joing the campaign for a political group. ABS-CBN officials learned that Ymbong actually ran for councilor in Lapu-Lapu City, where he lost.

Ymbong tried to return to ABS-CBN Cebu but his request was denied because of a station policy that considers an employee resigned if he or she runs for an elective post.

Ymbong said he reported back to work after his leave ended and got a memo stating that his services were terminated immediately.

Ymbong filed a complaint for illegal dismissal and got a favorable ruling.The National Labor Relations Commission  ordered ABS-CBN to reinstate Ymbong and pay him full backwages.  The Court of Appeals reversed the labor court’s ruling and declared Ymbong to have resigned from employment.