Title
Supreme Court
Tamsonas Enterprises, Inc. vs. Court of Appeals and Rosemarie L. Sy
Case
G.R. No. 192881
Decision Date
Nov 16, 2011
Sy was illegally dismissed while on probation. The CA reinstated the ELA's ruling, siding with Sy's claims for back wages and reinstatement.

Case Summary (G.R. No. 192881)

Facts of the Case

On September 1, 2006, Sy was hired as an Assistant to the President of Tamsonas. However, her actual role deviated from the title, as she was directed to serve primarily as a payroll officer. On February 24, 2007, four days before the completion of her six-month probation, Sy was informed by Ng and Lee that her services were to be terminated due to alleged inefficiency. Under coercive circumstances, including being asked to sign a resignation letter and being humiliated by Ong in front of colleagues, Sy's employment ended abruptly. Despite her claims of good performance, the petitioners cited her alleged failure to meet the company's standards as grounds for dismissal.

Legal Proceedings

Following her termination, Sy filed a complaint for illegal dismissal and associated money claims before the National Labor Relations Commission (NLRC). The Executive Labor Arbiter ruled in favor of Sy, finding that her dismissal was illegal due to the absence of just cause and due process. This decision was appealed by the petitioners, who asserted that Sy was adequately informed of her probationary status and the standards required for regular employment.

NLRC Ruling

The NLRC initially reversed the labor arbiter's ruling, asserting that the petitioners had sufficiently informed Sy about her probationary status and that her termination was compliant with legal standards. They contended that Sy's failure to qualify for regular employment constituted a just cause for her termination.

Court of Appeals Decision

Challenging the NLRC's reversal, Sy sought relief from the Court of Appeals, which found that the petitioners had failed to establish the requisite standards necessary for her performance evaluation or to demonstrate that these standards were communicated to Sy upon her hiring. Citing the principle established in Clarion Printing House, Inc. v. NLRC, the CA concluded that, due to the lack of communicated standards regarding her qualification for regular employment, Sy was entitled to security of tenure and could only be dismissed for just cause.

Petitioners' Arguments

The petitioners contested the CA's ruling, arguing that they complied with the legal requirements for probationary employment and that any dissatisfaction with Sy's performance was legitimate. They further highlighted that once the probationary period ended, they had the right to evaluate and terminate employment based on performance.

Legal Framework

The applicable law for this case, governed by Article 281 of the Labor Code, specifies that a probationary employee can only be terminated for a just cause or if they fail to meet the standards for regular employment. This provision underscores the requirement for employers to communicate these standards effectively at the start of employment.

Court's Analysis

The Supreme Court upheld that, although Sy's employment was indeed probationary, she was not adequately informed of the standards that would determine her qualification for regular employment. The Court assessed that mere allegations by the petitioners of a failure to meet the standards were insuffici

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