Title
Advan Motor, Inc. vs. Veneracion
Case
G.R. No. 190944
Decision Date
Dec 13, 2017
Employee terminated for AWOL disputes unfair dismissal, alleging union suspicions; upheld reinstatement and backwages, affirming labor rights.
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Case Digest (G.R. No. 190944)

Facts:

Employment and Termination

  • Employment Start: Victoriano G. Veneracion (respondent) began working as a Sales Consultant for Advan Motor, Inc. (petitioner) in September 1999.
  • Termination: On May 21, 2001, respondent was informed of his termination effective May 2, 2001, citing repeated AWOL (Absence Without Official Leave) violations and management's loss of trust and confidence due to abandonment of duties.

Respondent's Allegations

  • Unionization Suspicions: Respondent claimed that in December 2000, he was suspected of planning to organize a union, leading to harassment, including pressure to resign and unfair treatment.
  • Leave of Absence: He alleged that his leave of absence in April 2001 was verbally approved but later denied, and his salaries were withheld.
  • Constructive Dismissal: Respondent filed a complaint for constructive dismissal on July 13, 2001, later amended to include actual illegal dismissal and underpayment of salaries.

Petitioner's Defense

  • AWOL and Poor Performance: Petitioner contended that respondent was frequently absent, tardy, and failed to meet his sales quota of three cars per month.
  • Unannounced Leave: Respondent allegedly went on unannounced leave from March 28-31, 2001, and later submitted a vacation leave request without proper approval.
  • Termination Justification: Petitioner claimed respondent's actions disrupted operations, justifying termination under company policies.

Labor Arbiter's Decision

  • Illegal Dismissal: The Labor Arbiter ruled in favor of respondent, declaring his dismissal illegal and ordering petitioner to pay backwages, separation pay, and attorney's fees.

NLRC and Court of Appeals Rulings

  • NLRC Affirmation: The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter's decision.
  • Court of Appeals Modifications: The Court of Appeals partially granted respondent's petition, ordering reinstatement and payment of backwages, but deleting the separation pay award.

Issue:

  1. Reinstatement: Whether the Court of Appeals erred in ordering the reinstatement of respondent to his former position.
  2. Backwages: Whether the Court of Appeals erred in awarding backwages to respondent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court denied the petition, affirming the Court of Appeals' decision to reinstate respondent and award backwages. The Court emphasized the importance of protecting employees' rights to security of tenure and the proper application of remedies for illegal dismissal.


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