8/13/2019 Zuellig Freight and Cargo v NLRC

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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.