Case Digest (G.R. No. 192076)
Facts:
- Michelle T. Tuason started working at the Bank of Commerce (BOC) as the head of the Marketing Department in the Property Management Group (PMG) on January 1, 2002.
- She was appointed as officer-in-charge of PMG on May 2, 2002, and officially became the head on January 2, 2003.
- Tuason was responsible for managing the bank's real estate and acquired properties.
- In February 2005, she faced administrative charges related to irregularities in property sales, resulting in a 30-day suspension in September 2005.
- Despite receiving a performance rating of 63% in 2006, she was pressured to resign by her sector head, Mario Padilla, on July 5, 2007, which she refused.
- After declining to resign, she requested a leave of absence due to stress, which was denied.
- While on leave, she received conflicting notifications, including one indicating that a new head of PMG would assume her position on July 16, 2007.
- Feeling coerced, Tuason filed a case for constructive dismissal.
- The Labor Arbiter dismissed her complaint, but the National Labor Relations Commission (NLRC) ruled in her favor, recognizing constructive dismissal.
- The Court of Appeals reversed the NLRC's decision, prompting Tuason to appeal to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Michelle T. Tuason, overturning the Court of Appeals' decision and reinstating the NLRC's ruling of constructive dismissal.
- The Court determined that BOC's actions, including the pres...(Unlock)
Ratio:
- Constructive dismissal occurs when an employee is compelled to resign due to coercive actions by the employer.
- The Court observed that Tuason experienced undue pressure to resign without justifiable reasons, and BOC failed to provide a legitimate reassignment after her refusal.
- The managem...continue reading
Case Digest (G.R. No. 192076)
Facts:
The case of Tuason v. Bank of Commerce involves Michelle T. Tuason, who began her employment with the Bank of Commerce (BOC) as the head of the Marketing Department of its Property Management Group (PMG) on January 1, 2002. Tuason was appointed as the officer-in-charge of PMG on May 2, 2002, and subsequently became the official head on January 2, 2003. Her role required her to manage and dispose of the bank's real estate and acquired properties. In February 2005, Tuason faced administrative charges concerning irregularities in property sales, which led to her being suspended for 30 days in September 2005. Despite receiving a performance rating of 63% in 2006, Tuason encountered further difficulties on July 5, 2007, when Mario Padilla, her sector head, pressured her to resign, a request she declined. Following her refusal, she sought a leave of absence due to stress, which was disapproved. During her leave, she received conflicting notifications from BOC, including a notice that a new head of PMG would assume her position on July 16, 2007. Feeling coerced and uncertain about her employment status, Tuason filed a case for constructive dismissal. The Labor Arbiter initially dismissed her complaint; however, the Nat...