Question

On 30 Oct. 1980, A, an employee, was served notice of dismissal allegedly for gross dishonesty. Forthwith, the Union to which A was a member raised A's dismissal with the grievance machinery as provided for in its CBA. At that point, negotiations for a new CBA was in progress. Hence, both the Union and the Company had very little time to address A's grievance. In fact, said grievance, as it were, slept the sleep of the dead, being resolved only with finality on 23 Nov. 1983 when the General Manager of the Company affirmed A's dismissal on the fifth and the last step of the grievance machinery. A filed an action for illegal dismissal with the Arbitration Branch of the NLRC on 25 Nov. 1983. The Company immediately filed a Motion to Dismiss on the ground of prescription, invoking Art. 290 of the Labor Code. If you were the Labor Arbiter, how would you resolve the Company's Motion to Dismiss? (1994 BAR)

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