FoodPanda Philippines has filed an appeal with the National Labor Relations Commission (NLRC) in response to the June 2022 decision affirming in favor of the terminated delivery riders of the company.
“We have filed an appeal with the National Labor Relations Commission (NLRC) regarding their June 2022 Decision, and the complainants have yet to reply to our appeal,” FoodPanda said in a statement forwarded to SunStar Davao on Wednesday, January 4.
In addition, the company is also awaiting the formal notification on their appeal.
“Meanwhile, we remain committed to having continuous dialogues with our Ka-panda delivery partners, to provide them the support they need as we serve our vendor partners, customers, and community,” FoodPanda added.
In a decision issued on December 7, 2022, the NLRC 8th Division affirmed the ruling of the Labor Arbiter (LA) that the delivery riders who filed a complaint of illegal dismissal against FoodPanda Philippines, Inc. are the latter’s regular employees, and that said riders were indeed illegally dismissed from employment.
The said NLRC decision held that there was an employer-employee relationship between FoodPanda and the delivery riders because “the power of control was clearly wielded by [Food Panda] through extensive supervision from start of their assigned duty until it ends, the company’s actual prohibition of alternative employment and its algorithmic disciplinary measures indicate strict supervision and control over its delivery riders.”
The Commission also ruled that Food Panda’s act of suspending complainants for a period of 10 years is tantamount to constructive dismissal, thus the riders were illegally dismissed.
It can be recalled that complainants were engaged as delivery riders by FoodPanda but were suddenly denied access to Foodpanda’s rider application following a demand by said riders for transparency regarding the calculation of their pay and corresponding deductions.
The complainants filed a case of illegal dismissal before the NLRC. According to the decision, FoodPanda denied the existence of an employer-employee relationship and argued that the said riders were engaged as independent contractors.
In June 2022, the LA issued a decision declaring complainants as regular employees and ruling that FoodPanda is liable for illegally terminating the employment of complainants.
Edmund Carillo, President of Davao United Delivery Riders Association Inc. (DUDRAI) and one of the complainants in the illegal dismissal case lodged against FoodPanda, lauded the ruling. RGL