Title
Balais, Jr. vs. Se'Lon
Case
G.R. No. 196557
Decision Date
Jun 15, 2016
A senior hairstylist was verbally dismissed without due process, leading to a legal battle over illegal dismissal, unpaid wages, and separation pay. Courts ruled in his favor, emphasizing employer burden of proof and due process violations.
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Case Digest (G.R. No. 196557)

Facts:

  1. Employment Background:

    • Gregorio "Tongee" Balais, Jr. (Balais) was employed as a senior hairstylist and make-up artist at Salon de Orient from October 16, 2004, until November 26, 2007.
    • After Amelita Revilla (Revilla) took over the business, it was renamed Se'lon by Aimee, and Balais was retained as a senior hairstylist. Alma Belarmino (Belarmino) was appointed as the salon manager.
    • Balais worked six days a week, earning a monthly salary of Php18,500.00, which was later reduced to Php15,000.00 in June 2008.
  2. Incident Leading to Dismissal:

    • On July 1, 2008, Belarmino allegedly dismissed Balais verbally, shouting, "You get out of this Company! I do not need you here at Se'lon by Aimee!"
    • Balais requested his 13th month pay, salary, and separation pay, to which Belarmino responded, "Eh di doon ka magtrabaho sa Jollibee kasi doon nagbibigay sila nang 13th month pay, sweldo at separation pay pag may tinatanggal na empleyado."
    • Balais felt humiliated and did not report for work the next day, instead filing a complaint for illegal dismissal, non-payment of 13th month pay, damages, and attorney's fees before the NLRC.
  3. Respondents' Defense:

    • Respondents claimed that Balais was not dismissed but abandoned his work.
    • They alleged that Balais violated the salon's policy of rotating junior stylists, giving preference to only two junior stylists and disregarding the others.
    • They argued that even if Balais was dismissed, it was justified due to his insubordination and serious misconduct.
  4. Labor Arbiter and NLRC Decisions:

    • The Labor Arbiter ruled in favor of Balais, finding that he was illegally dismissed.
    • The NLRC affirmed the Labor Arbiter's decision, stating that respondents failed to prove that Balais' actions amounted to gross insubordination.
  5. Court of Appeals Decision:

    • The Court of Appeals reversed the NLRC's decision, ruling that Balais was validly dismissed but ordered respondents to pay his 13th month pay and unpaid salaries.

Issue:

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Ruling:

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Ratio:

  1. Burden of Proof in Dismissal Cases:

    • The employer bears the burden of proving that the dismissal was for a just and valid cause. Failure to do so results in a finding of illegal dismissal.
  2. Elements of Willful Disobedience:

    • For willful disobedience to be a valid ground for dismissal, the employee's conduct must be intentional and characterized by a wrongful attitude, and the order violated must be reasonable and lawful.
  3. Due Process in Termination:

    • Employers must provide two written notices and a hearing before dismissing an employee. Failure to comply with these requirements renders the dismissal invalid.
  4. Reliefs for Illegal Dismissal:

    • An illegally dismissed employee is entitled to reinstatement or separation pay if reinstatement is no longer feasible, full backwages, and attorney's fees.


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