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8/13/2019 Zuellig Freight and Cargo v NLRC
1/1
ZUELLIG FREIGHT AND CARGO SYSTEMS V. NLRC AND RONALDO SAN MIGUEL
GR. 157900 JULY 22, 2013, FIRST DIVISION, BERSAMIN, J.
F!"#
Ronaldo San Miguel had been a checker/ customs representative of Zera Brokerage Corp. Sometime on
January !!"# he and other employees $ere informed that Zeta $ould cease operations# and that all affected
employees# including him# $ould be separated. Zeta informed him through a letter# of his termination effective
March %# !!". &e allegedly accepted his separation pay sub'ect to the standing offer to be hired to his former
position by petitioner. (n )pril *# !!"# he $as summarily terminated.
&ence# San Miguel filed a complaint for unfair labor practice# illegal dismissal# nonpayment of salaries
and moral damages against Zeta. +or its part# Zeta contended that the dismissal is for a 'ust cause# cessation of
business operations.
I##$%
,hether the dismissal due to alleged closure of business operations is valid
R$&'()
-o. he cessation of business operations by Zeta $as not a bona fide closure to be regarded as a valid
ground for the termination of employment of San Miguel. he change of name is not a change of the corporate
being. he amendments in the articles of incorporation of Zeta to change the corporate name to Zuellig +reight
and Cargo Systems did not produce its dissolution as a corporation. hus# Zuellig is bound to respect and
honor Zetas obligation especially $ith the employees security of tenure.
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