Case Digest (G.R. No. 222159)
Facts:
Elsa S. Malig-on v. Equitable General Services, Inc., G.R. No. 185269, June 29, 2010, Supreme Court Second Division, Abad, J., writing for the Court.
Petitioner Elsa S. Malig-on alleged that she was hired by respondent Equitable General Services, Inc. on March 4, 1996 as a janitress, paid P250.00 per day for a nine‑hour workday, and worked until she was relieved from a client’s premises and placed on floating status in February 2002. On February 15, 2002 her supervisor told her she would be assigned to another client but no reassignment followed despite her follow‑ups.
According to Malig‑on, after several months without assignment the company told her on October 15, 2002 that she had to submit a resignation letter before it would reassign her; she complied but the company did not reassign her, and she filed a complaint for illegal dismissal three days later. The company denied constructive dismissal: it asserted Malig‑on stopped reporting for work on February 16, 2002, failed to give any reason, and only appeared on October 15, 2002 to tender a handwritten resignation; it had sent letters on August 23 and September 2, 2002 requesting explanation for her absence.
The Labor Arbiter (LA) rendered a decision on January 26, 2004 holding the resignation valid and binding but awarding emergency cost‑of‑living allowance and the balance of 13th month pay. The National Labor Relations Commission (NLRC) reversed on February 28, 2005, finding constructive dismissal and ordering reinstatement with full backwages. The respondent company appealed to the Court of Appeals (CA), which on July 16, 2008 reversed the NLRC and reinstated t...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in holding that petitioner voluntarily abandoned and resigned her employment rather than that respondent constructively dismisse...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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