DISPOSITIVE:
WHEREFORE, the present petition is PARTIALLY GRANTED. The May 16, 2014 Decision and the September 30, 2015 Resolution of theCourt of Appeals in CA-G.R. SP No. 122602 are hereby REVERSED and SET ASIDE. Judgment is hereby rendered ORDERING Citibank Savings,Inc. and/or its successors-in-interest to PAY Brenda L. Rogan separation pay as financial assistance, in the amount of one-half (1/2) month’s salary forevery year of service. This case is hereby REMANDED to the Labor Arbiterfor the proper computation of the amount of separation pay due to Brenda L. Rogan.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
THE EMPLOYEE ROGAN WAS DISMISSED FOR JUST CAUSE. SUPREME COURT UPHELD THE DISMISSAL BUT STILL AWARDED ROGAN SEPARATION PAY. BECAUSE ROGAN WAS DISMISSED FOR A CAUSE FOR OTHER THAN SERIOUS MISCONDUCT OR THOSE REFLECTING ON HIS [ OR HER] MORAL CHARACTER.
Taking together the existence of just cause for termination, her apologetic admission of fault, as well as her length of service, previous exemplary performance, and the circumstances which led to her dismissal, we sustain the award of separation pay to Rogan. Considering that she was validly dismissed for a just cause, the award of separation pay shall be in the form of financial assistance. “As a measure of social justice, the award of separation pay/financial assistance has been upheld in some cases even if there is no finding of illegal dismissal,” 113 “where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his [ or her] moral character.” 114 Here, Rogan is being dismissed for an accumulation of relativelyminor lapses. There is no proof of any material benefit or gain to Rogan in connection with the noncompliant transactions processed by Axalan; there waslikewise no proof of any pecuniary loss or damage to CSI or any of its clientsin connection therewith. Ultimately, Rogan’s dismissal was necessitated by thenature and character of her lapses, as calibrated against the sensitive nature ofher position and her employer’s obligation to exercise extraordinary diligencein the selection and supervision of its employees. We are of the consideredopinion that such a situation justifies a minor shifting of the scales of justice infavor of labor in the form of separation pay as financial assistance.
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