Supreme Court affirms URC worker’s firing not commensurate to violation

THE Supreme Court has affirmed, with modifications, a ruling that found Universal Robina Corp. (URC) liable for the illegal dismissal of a machine operator.

In a 10-page decision dated July 6 and made public on July 20, the tribunal upheld a Court of Appeals (CA) ruling that found the dismissal of Roberto De Guzman Magalang to be disproportionate since he had only stolen a bottle of ethyl alcohol worth P60.

“The court finds that the penalty of dismissal is not proportional to Roberto’s misconduct,” Associate Justice Mario V. Lopez said in the ruling.

“His preventive suspension was a sufficient penalty for the misdemeanor.”

As a machine operator, the employee did not occupy a position of trust and confidence which would greatly affect URC’s operations, the tribunal said.

Citing the Labor Code, the tribunal ruled Mr. Magalang was not entitled to back wages since his employment was terminated in good faith.

“Believing that Roberto committed serious misconduct under the Labor Code, URC acted in good faith in dismissing him. For these reasons, Roberto is not entitled to back wages,” it said, also denying him legal fees on the same basis.

The court remanded the case to the labor arbiter to determine separation pay due to the former machine operator.

The incident happened in 2015 when a security guard found a bottle of ethyl alcohol that belonged to the company in Mr. Magalang’s bag.

The machine operator was charged with criminal theft and was detained at a police station for five days, which led to a 60-day suspension imposed by URC.

URC issued a notice to Mr. Magalang informing him of his termination.

The CA had granted the former employee separation pay and back wages, instead of reinstatement due to strained relations between the parties.

The High Court said that “the penalty of dismissal is not commensurate to his infraction.” — John Victor D. Ordoñez