Labor arbiters dismiss complaints against GMA Network

A series of labor complaints filed by thirty-one (31) cameramen and assistant cameramen for regularization and subsequently, illegal dismissal and non-payment of wages and/or backwages were dismissed in favor of broadcast company GMA Network, Inc. (GMA).

In his December 16, 2013 decision, Labor Arbiter Elias H. Salinas noted that the complainants failed to prove “by substantial evidence” the existence of an employer-employee relationship between them and GMA.

“There is no illegal dismissal in the instant case being no employer-employee relationship between the complainants and respondents,” he said.

Further upheld was the Network’s position that the complainants are freelancers, pinch-hitters or relievers, whose services are paid on a per shoot or a per day basis.

The labor arbiter added that GMA did not exercise nor had the power to dismiss the complainants given that their engagements were only for specific shoots hence every engagement ceases at the end of every shoot.

Meanwhile, labor arbiter Eduardo J. Carpio also decided in favour of GMA in a separate illegal dismissal case filed by a former utility man, Egon Consunji, for lack of merit.

In his decision dated December 27, 2013, the labor arbiter ruled that “Egon is not a regular employee of GMA and was not terminated for employment.”

He went on to say that “by evidence, it is ruled that Egon is fixed term employee of GMA.”

The labor arbiter also said that there is no illegal termination of employment in the case given that Egon’s contractual relationship with the Network expired when his employment contract also expired on February 12, 2013.

Egon was also not entitled to his money claims apart from his 13th month pay given that as utility man he was paid on a per episode basis.