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Employee Rights in Dismissal Cases

1. The respondent reported a missing cash amount from the company locker to her supervisor. She was then ordered to be strip-searched by company guards, which resulted in nothing. The manager reported the matter to police and an information for qualified theft was filed against the respondent. 2. Yes, the respondent was constructively dismissed. Subjecting her to a strip-search and detention for two weeks made continued employment impossible and unreasonable. 3. As an illegally dismissed employee, the respondent is entitled to back wages from the date of constructive dismissal until termination and separation pay, as reinstatement was no longer viable due to strained relations between the parties.

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154 views1 page

Employee Rights in Dismissal Cases

1. The respondent reported a missing cash amount from the company locker to her supervisor. She was then ordered to be strip-searched by company guards, which resulted in nothing. The manager reported the matter to police and an information for qualified theft was filed against the respondent. 2. Yes, the respondent was constructively dismissed. Subjecting her to a strip-search and detention for two weeks made continued employment impossible and unreasonable. 3. As an illegally dismissed employee, the respondent is entitled to back wages from the date of constructive dismissal until termination and separation pay, as reinstatement was no longer viable due to strained relations between the parties.

Uploaded by

Isay Yason
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Robinsons Galleria/Robinsons Supermarket v.

Ranchez requirements under the LC are mandatory and may not be replaced by police
GR 177937 investigation or court proceedings. The criminal aspect of the case is independent of
Security of Tenure: Consequences of Dismissal the administrative aspect. Also, resp was not represented by counsel when she was
strip-searched inside the company premises or during the police investigation, and
Doctrine: in the preliminary investigation. Resp was constructively dismissed by petit effective
Facts: October 30, 1997.
 Resp was hired as a probi cashier employee in Oct 1997 by petit
 The contract was from Oct 1997-March 1998 2. YES. Article 279 of the Labor Code provides that an employee who is
 Two weeks after she was hired, resp reported to her supervisor about the loss unjustly dismissed from work shall be entitled to reinstatement without
of cash amounting to 20k wc she place inside the company locker loss of seniority rights and other privileges, to full backwages, inclusive of
 The operations manager ordered that resp be strip-searched by the company allowances, and to other benefits or their monetary equivalent computed
guards; the searched on her and her personal belongings resulted into nothing from the time his compensation was withheld to the time of actual
 The manager reported the matter to the police and requested for an inquest reinstatement. However, due to the strained relations of the parties, the
 On Nov 5 1997, an information for qualified theft was filed against resp wc payment of separation pay has been considered an acceptable alternative
resulted to her detention for 2 weeks since she wasn’t able to immediately to reinstatement, when the latter option is no longer desirable or viable.
post bail
 On Nov 25, resp filed a complaint for illegal dismissal As an illegally or constructively dismissed employee, resp is entitled to: (1)
 Mar 12, 1998, petit sent a letter of termination/expiration of probationary either reinstatement, if viable, or separation pay, if reinstatement is no longer
employment to resp viable; and (2) backwages. These two reliefs are separate and distinct from each
 Aug 1998, LA dismissed the complaint ruling that when resp filed case against other and are awarded conjunctively. Given the circumstances, resp is entitled
resp, she was not yet dismissed and that the strip-search was merely an to separation pay and backwages since reinstatement is no longer viable. The
investigation done by petit backwages that should be awarded to respondent shall be reckoned from the
time of her constructive dismissal until the date of the termination of her
 NLRC: Reversed. Ruled that resp was denied due process and that the strip-
employment, i.e., from October 30, 1997 to March 14, 1998.
searching and detention in jail for 2 weeks amounted to constructive dismissal
bc continued employment had been rendered impossible, unreasonable, and
unlikely. Awarded backwages and reinstatement.
 CA: Affirmed w/ modification. Instead of reinstatement, separation pay was
awarded.

Issue:
1. Whether constructively dismissed
2. Whether award of backwages and separation pay proper

Ruling:
1. YES. A probationary employee, like a regular employee, enjoys security of
tenure. The services of an employee who has been engaged on
probationary basis may be terminated for any of the following: (1) a just or
(2) an authorized cause; and (3) when he fails to qualify as a regular
employee.

In all cases, an emp’er must send notice to the emp’ee re: termination. Petit failed
to accord resp substantive and procedural due process. The due process

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