CA backs employer in probationary dismissal case

THE COURT of Appeals (CA) affirmed the dismissal of a former probationary employee of Ravago Equipment and Rental, Inc., ruling the dismissal to be valid on performance grounds.

The tribunal’s Former Tenth Division, in a resolution released on Oct. 10, upheld its earlier ruling and that of the National Labor Relations Commission, saying that the probationary employee did not meet its standards.

“By the nature of probationary employment, an employee knows from the very start that he or she will be under close observation, and his or her performance of assigned duties and functions will be under continuous scrutiny by his/her superiors,” Justice Emily L. San Gaspar-Gito wrote.

“It is in apprising him or her of the standards against which his/her performance shall be continuously assessed where due process lies and not in the notice and hearing,” she added.

“Thus, petitioner’s claim that he was deprived of due process has no legal leg to stand on.”

The probationary employee was terminated for  sleeping while on duty, arguing with the client’s employees, and causing damage to property.

He had argued that his right to due process was violated when the company terminated his employment, but the appellate court in its Oct. 10 resolution reiterated that the employee was made aware of the standards he must meet before becoming a regular employee.

The tribunal cited an earlier ruling of the Supreme Court, which held that the usual two-notice rule for terminations does not govern.

“Here, petitioner was given a reasonable time before the effectivity date of his employment’s termination. It was petitioner who requested to be relieved from work earlier,” the resolution added.

It also rejected the employee’s monetary claims. — Chloe Mari A. Hufana