DISPOSITIVE:

WHEREFORE, the present petition is PARTIALLY GRANTED.
The May 16, 2014 Decision and the September 30, 2015 Resolution of the
Comi 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 for
every year of service. This case is hereby REMANDED to the Labor Arbiter
for the proper computation of the amount of separation pay due to Brenda L.
Rogan.


SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

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 relatively
minor lapses. There is no proof of any material benefit or gain to Rogan in
connection with the noncompliant transactions processed by Axalan; there was
likewise no proof of any pecuniary loss or damage to CSI or any of its clients
in connection therewith. Ultimately, Rogan’s dismissal was necessitated by the
nature and character of her lapses, as calibrated against the sensitive nature of
her position and her employer’s obligation to exercise extraordinary diligence
in the selection and supervision of its employees. We are of the considered
opinion that such a situation justifies a minor shifting of the scales of justice in
favor of labor in the form of separation pay as financial assistance.
Finally, considering the absolute dearth of evidence to justify any
liability on the part of petitioners Lynch, Abrigo, and Endaya in connection
with Rogan’s termination, we hold that the obligation to give separation pay
should vest upon CSI alone.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

scd-2023-0016-citibank-savings-inc.-kevin-lynch-floryppee-v.-abrigo-and-elliebeth-endaya-vs.-brenda-l.-roganDownload

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.