This case has been cited 2 times or more.
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2008-04-16 |
TINGA, J, |
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| On the second ground, SMC points out respondent's absences on 28 and 29 April 1997 were his 5th and 6th AWOPs, respectively, and following the Court of Appeals' ruling, the same should have been meted the penalty of five (5) days' suspension for the 5th AWOP and 10 days' suspension for the 6th AWOP under SMC's Policy on Employee Conduct. Respondent incurred fourteen (14) AWOPs but when SMC imposed the penalty of discharge, the Court of Appeals disagreed since SMC had supposedly failed to strictly implement its company policy on attendance. Such reasoning would have respondent's AWOPs justified by SMC's lax implementation of disciplinary action on its employees, and would place on SMC the burden of proving strict conformity with company rules. SMC argues that this is contrary to the ruling in Cando v. NLRC[22] that it should be the employee who must show proof of condonation by the employer of the offense or laxity in the enforcement of the company rules since it is he who has raised this defense. | |||||
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2008-02-13 |
VELASCO JR., J. |
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| In Cando v. NLRC,[11] the employee did not report for work for almost five months when he was charged for absenteeism. The employee claimed that such absences due to his handling of union matters were condoned. The Court held that the employee did not adduce proof to show condonation coupled with the fact that the company eventually instituted the administrative complaint relating to his company violations. | |||||