Labor Law Digest: NISSAN MOTORS PHILS., INC. v. VICTORINO ANGELO [G.R. No. 164181, September 14, 2011]

Topics: Just dismissal, Exceptional cases when awarding separation pay

NISSAN MOTORS PHILS., INC. v. VICTORINO ANGELO

[G.R. No. 164181, September 14, 2011]

Facts:

Victorino Angelo, a payroll staff of the respondent company, NISSAN, filed for  illegal  suspension  with  the  DOLE. Petitioner conducted an investigation and concluded that respondent's explanation was untrue and insufficient. Thus, petitioner issued a Notice of Termination.

Respondent amended his previous complaint against petitioner to include the

charge of illegal dismissal. The Labor Arbiter dismissed the complaint for lack of merit. NLRC sustained. CA reversed directing reinstatement of Angelo and ordered  the company to pay him backwages from the time of his illegal dismissal.

Thus this petition.

Petitioner argues that the factual findings of the Labor Arbiter and the NLRC should have been accorded respect by the CA as they are based on substantial evidence.  They claimed that the language used by respondent in his Letter­Explanation is akin to a manifest refusal to cooperate with company officers, and resorted to conduct which smacks of outright disrespect and willful defiance of authority or insubordination.

Issue:

1)         Was the termination just?

2)         Is a justly terminated employee entitled to separation pay?

Held:

1)         YES. The dismissal of respondent was legal or for a just cause based on substantial evidence presented by petitioner. Substantial evidence, which is the quantum of proof required in labor cases, is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.

The just causes enumerated in the Labor Code namely serious misconduct, willful disobedience and gross neglect were duly substantiated by the petitioner.

-           For misconduct or improper behavior to be a just cause for dismissal, 

(a) it must be serious; (b) it must relate to the performance of the employees duties; and (c) it must show that the employee has become unfit to continue working for the employer.

In this case, the letter-explanation was found to be grossly discourteous in content and tenor. Jurisprudence shows accusatory and inflammatory language used by an

employee to the employer or superior can be a ground for dismissal or termination.

-           For the allegation of willful or intentional disobedience, there is just dismissal only where such rule, order or instruction is (1) reasonable and lawful, (2) sufficiently known to the employee, and (3) connected with the duties which the employee has been engaged to discharge.

The allegations can still be adduced and proven in the same Letter-­Explanation.

-           The allegation of gross negligence was also substantiated as shown in Angelo’s failure to turn over his functions to someone capable of performing the vital tasks which he could not effectively perform or undertake because of his heart ailment or condition.

2)         YES. By way of exception, the grant of separation pay or some other financial assistance may be allowed to an employee dismissed for just causes on the basis of equity. Although the dismissal was legal, respondent is still entitled to a separation pay as a measure of financial assistance, considering his length of service and his poor physical condition which was one of the reasons he filed a leave of absence.