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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the case of C.P. Reyes Hospital et al., vs. Barbosa, G.R. No. 228357, April 16, 2024, the Supreme Court held that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement.
In case reinstatement is proven, to be infeasible due to strained relations between the employer and the employee and other analogous causes, backwages shall be computed from the time compensation was withheld up to the finality of the Decision.
To give you a short background, Barbosa filed a Complaint for illegal dismissal against C.P. Reyes Hospital et al., praying for reinstatement with full backwages and the award of moral and exemplary damages, as well as attorney’s fees.
Barbosa alleged that she applied for the position of Training Supervisor with C.P. Reyes Hospital. In September 2013, she was instructed to sign a probationary employment contract for a period of six months, from September 4, 2013 to March 4, 2014. Under the contract, Barbosa would train as a Staff Nurse for the first two months; as Ward Head Nurse and Supervisor for the next two months; and finally, as Training Supervisor for the last two months. The contract required Barbosa to “get or maintain an average of a passing score equivalent to 80% (Satisfactory).” The contract also provided that “[f]ailure to meet the reasonable standard set by this Hospital may warrant the penalty of termination of [Barbosa’s] employment.”
On November 27, 2013, Barbosa received a Notice to Explain from Lirio directing her to explain why no disciplinary action should be taken against her for being absent without official leave (AWOL) on November 4, 7, and 8, 2013. On the same day, Reyes told Barbosa that she will not be made a regular employee.
In a Letter dated November 28, 2013, Barbosa explained that she was able to notify the supervisor on duty regarding her November 4 absence, and that for the absences on November 7 and 8, she submitted a medical certificate, as well as the requisite leave forms.
On November 29, 2013, Barbosa received a Letter from Reyes formally terminating her probationary employment.
The Supreme Court’s Decision:
The Supreme Court held that Barbosa was illegally dismissed from her employment. The termination of probationary employment must be for any of the following grounds:
(1) just and authorized causes, or
(2) failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement.
C.P. Reyes Hospital claims it is allowed to terminate its probationary employees based on factors outside of the reasonable performance standards communicated to Barbosa. The Court finds this argument erroneous. Unless these other factors constitute just or authorized causes—themselves allowable grounds for termination—or constitute an exception to the rule laid out by jurisprudence as stated in the previous paragraph, such that there is no need for the C.P. Reyes Hospital et al. to inform Barbosa of them, then they may not be considered as valid grounds for termination.
C.P. Reyes Hospital relies on another ground to justify the dismissal of Barbosa—her supposed absenteeism for 12 days during her probationary employment, or one-sixth of her two-month probationary employment.
The Court finds that C.P. Reyes Hospital’s claim of Barbosa’s absenteeism is not supported by the records. Further, the CA also pointed to C.P. Reyes Hospital’s Code of Conduct to show that the penalty of dismissal in this case was too severe. In the Code of Conduct, the penalty for being AWOL is a written warning on the first offense, a two-day suspension on the second offense, and dismissal only upon the fifth offense.
Thus, this Court sustains the findings of the CA that these supposed absences cannot be considered a just cause to terminate Barbosa’s employment.
Furthermore, the Supreme Court reiterated that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement. In case reinstatement is proven, to be infeasible due to strained relations between the employer and the employee and other analogous causes, backwages shall be computed from the time compensation was withheld up to the finality of the Decision.
Thus, backwages should be computed from January 1, 2014, when compensation was withheld from Barbosa, until finality of the Court’s Decision.
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