The NLRC denied the reconsideration, and as the petition was displeased with only the partial grant of its appeal, he sought the review of said decision with the Court of Appeals. The review was subsequently denied by the Court of Appeals as stated in a Decision dated 06 May 2002:
WHEREFORE, premises considered, the Petition is DISMISSED for lack of merit; and the assailed Decision of respondent Commission in NLRC NCR CA No. 026584-2000 is hereby AFFIRMED in toto. No costs.
The decision dated September 29 2000 regarding the award of service incentive leave pay was maintained.
I disagree! Bautista is not entitled to service incentive leave since he is paid on a purely commission basis in our company.
I will fight for what is right and you are going to pay my incentive leave.
After a careful perusal of the provisions of the law, the petitioner’s contention that the respondent is not entitled to the grant of service incentive leave pay just because he was paid on purely commission basis is misplaced. What must be ascertained is to determine if the respondent is a field employee in order to resolve the issue of propriety of the grant of service incentive leave pay.: However, in order to conclude whether an employee is a field employee, it is necessary to ascertain if actual hours or work in the field can be determined with reasonable certainty by the employer. An inquiry must be made as to whether or not the employee’s time and performance are constantly supervised by the employer.
No, that will never happen since the service incentive leave with pay is not applicable to field personnel like you.
I'm a regular employee even though I'm paid on commission basis. The company supervised and inspected my assigned routes. Therefore I should receive the incentive leave.