Case Digest (G.R. No. 216599)
Facts:
Verizon Communications Philippines, Inc. v. Laurence C. Margin, G.R. No. 216599, September 16, 2020, First Division, Lopez, J., writing for the Court. In March 2012 respondent Laurence C. Margin filed a complaint for illegal dismissal and damages against petitioner Verizon Communications Philippines, Inc. Laurence said he was hired in 2007 as a network engineer and, after developing symptoms in January 2012, underwent chest x‑rays that suggested “PTB vs. Pneumonia.” He informed his manager, Joseph Quintal, by text on February 3, 2012 that he was sick and would not be able to report to work; thereafter he quarantined himself on Guimaras Island and did not report for work from February 3 to March 8, 2012.Verizon countered that Laurence’s February 3 text did not indicate the expected duration of his absence nor did he, while absent, submit a medical certificate or make himself reachable; after unsuccessful attempts to contact him the company’s nurse visited his residence on March 8, 2012 and a notice to explain was left with a cousin. On March 14 Laurence emailed an explanation and apologized; Verizon terminated his employment on March 28, 2012 for unauthorized and excessive absenteeism under its attendance rules.
Before the Labor Arbiter (LA) Laurence’s complaint was dismissed on February 11, 2013 — the LA held that Laurence’s 38 consecutive days of absence without advising the company of the length of his leave constituted abandonment and justified dismissal under company policy. Laurence appealed to the National Labor Relations Commission (NLRC), which on May 30, 2013 reversed the LA and awarded backwages, separation pay and attorney’s fees, finding the dismissal illegal because Laurence had notified his supervisor and company rules did not require submission of proof of illness while on sick leave; the NLRC further found Verizon failed to accord proper hearing. Verizon sought reconsideration before the NLRC and then filed a Rule 45 petition with the Court of Appeals (CA).
The CA, in a decision dated August 18, 2014, affirmed the NLRC and held Laurence was illegally dismissed for lack of just cause and denial of due process; Verizon’s motio...(Pro-only)
Issues:
- Was respondent Laurence illegally dismissed for lack of just cause and/or denial of procedural due process?
- If dismissal was illegal, is petitioner liable for full backwages, or may the award of backwages be withheld in view of the...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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