This case has been cited 2 times or more.
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2007-10-04 |
GARCIA, J. |
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| For sure, the posture taken by both the NLRC and the CA is inconsistent with this Court's pronouncement in Tan v. National Labor Relations Commission,[10] thus:Consistent with the Labor Code state policy of affording protection to labor and of liberal construction of labor laws in favor of the working class, Sec. 8, Rule 1, Book VI, of the Omnibus Rules Implementing the Labor Code provides Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment, unless there is a certification by a competent public authority that the disease is of such nature or at such a stage, that it cannot be cured within a period of six (6) months even with proper medical treatment.. There is absolutely nothing on record to show that such a certification was ever obtained by [the employer] much less that one was issued by a competent public authority …[o]n the contrary, what appears on record is a Medical Certificate dated May 5, 1999 issued by Dr. Lenita C. de Castro certifying to the contrary, i.e., that [the employee] was in fact already fit to return to work. However, [the employer] did not accept the certificate and insisted that [the employee] present one issued by a government physician. For his failure to present such a certificate, [the employee] was penalized with dismissal. Obviously, the condition imposed by [the employer] finds no basis under the law. To reiterate, contrary to [the employer's] insistence that [the employee] first obtain a medical certificate attesting that he was already cured of pulmonary tuberculosis, the abovequoted Sec. 9, Rule 1, Book VI, of the Omnibus Rules is clear that the burden is upon [the employer] not [the employee] to justify the dismissal with a certificate public authority that [the employee's] disease is at such stage or of such nature that it cannot be cured within six (6) months even with proper medical treatment. For [the employer's] blatant failure to present one, we can only rule that [the employee's] dismissal, like that of Garrido, is illegal, invalid and unjustified. (Emphasis and words in brackets supplied.) | |||||
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2007-04-04 |
CALLEJO, SR., J. |
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| Petitioner alleges that respondents failed to prove that he abandoned his job. He avers that he was subjected to insults, the very reason why he walked out of his job. Thus, his absence was work-related, due to respondent Norilyn's hostile treatment. Nonetheless, his mere absence or failure to report for work does not amount to abandonment. He was not issued written notices to report back to work, nor was he asked to explain why he was absent. Considering that he had been working for respondents for 12 years, it was unlikely that he would abandon his job. The fact that he was not given a written notice of termination due to abandonment makes the termination illegal. To buttress his arguments, petitioner cites the ruling of this Court in Tan v. National Labor Relations Commission.[14] | |||||