Case Digest (G.R. No. L-36413)
Facts:
Baguio Country Club Corporation v. National Labor Relations Commission (Third Division) and Lolita Genove, G.R. No. 102397, September 04, 1992, Supreme Court First Division, Medialdea, J., writing for the Court.The petitioner is Baguio Country Club Corporation; the respondents are the National Labor Relations Commission (Third Division) and Lolita Genove, the former employee. Genove was hired by the Club on September 1, 1973 as an office clerk, subsequently promoted, and by February 1981 was the Club’s Personnel Manager and Chief Security Officer.
Between October and December 1987 and April 1988 Genove received cash advances totaling P6,000 purportedly to cover expenses as a witness in a civil case in the Regional Trial Court of Manila in which the Club was a defendant. Upon return she failed to timely and satisfactorily liquidate those advances. On July 12, 1988 the Club placed Genove on preventive suspension and required an explanation; she submitted a lengthy letter itemizing purchases (including cosmetics, food and footwear), a camera repair, lodging arrangements, and other entries she claimed related to her testimony. By letter dated September 2, 1988 the Club’s general manager terminated her employment, alleging attempts to defraud the Club and breach of the trust required of her managerial position.
Genove filed a complaint for illegal dismissal with the Labor Arbiter on September 6, 1988. On January 29, 1991 the Labor Arbiter rendered a decision that—though dismissing the complaint for lack of merit—nonetheless ordered the Club to give Genove financial assistance in the amount of P31,500.00. Genove appealed to the NLRC. On August 30, 1991 the NLRC reversed the Labor Arbiter and ordered the Club to grant Genove separation pay of one month per year of service, amounting to P63,000.00, in lieu of reinstatement.
Petitioner filed a petition for certiorari under Rule 65 of the Rules of Court in the Supreme Court, alleging grave abuse of discretion by the NLRC in setting aside the Labor Arbiter’s implied finding of just cause for dismissal. The Solicit...(Subscriber-Only)
Issues:
- Did the National Labor Relations Commission commit grave abuse of discretion in reversing the Labor Arbiter and ordering separation pay to Lolita Genove?
- Was the dismissal of Genove valid for loss of trust and confidence arising from unliquidated cash advances, unauthorized expenses, and falsification of a receipt; and, if so, was the award...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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