Case Digest (G.R. No. 193107)
Facts:
Sutherland Global Services (Philippines), Inc. and Janette G. Lagazo v. Larry S. Labrador, G.R. No. 193107, March 24, 2014, Supreme Court Second Division, Brion, J., writing for the Court.Petitioners are Sutherland Global Services (Philippines), Inc. (Sutherland) and Janette G. Lagazo; respondent is Larry S. Labrador. Sutherland is a business process outsourcing company that hired Labrador in August 2006 as a call-center agent.
During his employment Labrador committed several recorded infractions. On September 24, 2007 a “Red Flag” was issued for inappropriate disclosure of customer information and creating a second customer account without verification, resulting in a Last Written Warning. On February 8, 2008 he was placed under counseling under a Monitoring Improvement Program after a serious error. On May 13, 2008 a customer complained that Labrador requested a credit card number allegedly for verification but a second account and order were created, causing double billing and shipment; this conduct was classified under the Employee Handbook as dishonesty or fraud. Sutherland issued a Notice to Explain on May 24, 2008 and conducted an administrative hearing on May 28, 2008, which considered his prior disciplinary history.
After the hearing Sutherland’s recommending memorandum found Labrador guilty of gross or habitual neglect but, “with the request of Mr. Larry Labrador for resignation instead of termination … SGS Management allows his request of resigning,” and he resigned effective June 17, 2008. Labrador filed a complaint for constructive/illegal dismissal with the NLRC on October 27, 2008.
The Labor Arbiter dismissed the complaint for lack of merit on February 27, 2009, finding just cause to terminate and that the resignation was voluntary. Labrador filed a Memorandum on Appeal to the NLRC that omitted the date he received the appealed decision and did not attach a certificate of non-forum shopping. The NLRC nevertheless admitted the appeal, reversed the Labor Arbiter and, on May 21, 2009, ordered reinstatement with backwages; its denial of reconsideration was promulgated July 14, 2009.
Sutherland filed a petition for certiorari with the Court of Appeals (CA) alleging grave abuse of discretion by the NLRC; on December 18, 2009 the CA dismissed the petition, ruling the NLRC permissibly applied a liberal construction of technica...(Pro-only)
Issues:
- Did the Court of Appeals err in taking cognizance of Labrador’s appeal despite his failure to comply with the NLRC Rules of Procedure?
- Was Labrador illegally dismissed, i.e., was his resignation involuntary or the proximate result of Sutherland’s actions?
- Did Labrador’s offense constitute gross negligence or other just cause suff...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)