CASE 2019-0008: MYRA M. MORAL VS. MOMENTUM PROPERTIES MANAGEMENT CORPORATION (G.R. NO. 226240. MARCH 6, 2019, CARPIO J.) (SUBJECT/S: DISMISSAL OF PROBATIONARY EMPLOYEE) BRIEF TITLE: MORAL VS MOMENTUM PROPERTIES)

 

 DISPOSITIVE:

 

“WHEREFORE, the petition is DENIED. The Decision dated 22 March 2016 and the Resolution dated 19 July 2016 of the Court of Appeals in CA-G.R. SP No. 138704 are AFFIRMED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

DISMISSAL OF PROBATIONARY EMPLOYEE WAS UPHELD BUT EMPLOYER WAS MADE TO PAY NOMINAL DAMAGES BECAUSE IT FAILED TO GIVE THE EMPLOYEE PROPER NOTICE OF TERMINATION.

 

HOW SHOULD TERMINATION NOTICE BE GIVEN IN CASE TERMINATION WAS DUE TO FAILURE TO QUALIFY AS A REGULAR EMPLOYEE IN ACCORDANCE WITH THE REASONABLE STANDARDS PRESCRIBED BY THE EMPLOYER?

 

A WRITTEN NOTICE MUST BE  SERVED THE EMPLOYEE WITHIN A REASONABLE TIME FROM THE EFFECTIVE DATE OF TERMINATION.

 

IN THIS CASE NOTICE WAS GIVEN BY TEXT MESSAGES ONLY.

 

FOR FAILURE TO FOLLOW THE RULE ON HOW NOTICE BE GIVEN TO THE PROBATIONARY EMPLOYEE IS THE DISMISSAL STILL LEGAL?

 

YES.

 

BUT EMPLOYER SHALL PAY NOMINAL DAMAGES. IN THIS CASE FOLLOWING A PRECEDENT DECISION THE DAMAGES IMPOSED WAS P30,000.00.

 

HOW SHALL A PROBATIONARY EMPLOYEE BE DISMISSED?

 

THERE ARE THREE WAYS:

 

(1) A JUST CAUSE;

 

(2) AN AUTHORIZED CAUSE;

 

AND (3) WHEN HE OR SHE FAILS TO QUALIFY AS A REGULAR EMPLOYEE IN ACCORDANCEWITH THE REASONABLE STANDARDS PRESCRIBED BY THE EMPLOYER.41

 

A probationary employee enjoys security of tenure, although it is not on the same plane as that of a permanent employee. Other than being terminated for a just or authorized cause, a probationary employee may also be dismissed due to his or her failure to qualify in accordance with the standards of the employer made known to him or her at the time of his or her engagement.40 Hence, the services of a probationary employee may be terminated for any of the following: (1) a just cause; (2) an authorized cause; and (3) when he or she fails to qualify as a regular employee in accordance with the reasonable standards prescribed by the employer.41

 

WHAT IS MANAGEMENT PREROGATIVE TO HIRE?

 

AN EMPLOYER HAS THE RIGHT OR IS AT LIBERTY TO CHOOSE WHO WILL BE HIRED AND WHO WILL BE DENIED EMPLOYMENT.

 

It is a well-established principle that an employer has the right or is at liberty to choose who will be hired and who will be denied employment. Accordingly, it is within the exercise of the right to select one’s employees that an employer may set or fix a probationary period within which the latter may test and observe the conduct of the former before the former is hired on a permanent basis. 49 As long as the employer has made known to the employee the regularization standards at the time of the employee’s engagement, the refusal of the former to regularize the latter, by reason of the latter’s failure to comply with the regularization standards, is within the ambit of the law.

  

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0008-MYRA M. MORAL VS. MOMENTUM PROPERTIES MANAGEMENT CORPORATION

 

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