This case has been cited 1 times or more.
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2007-04-03 |
AUSTRIA-MARTINEZ, J. |
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| Anent the nine-month "delay" in filing the Complaint, we find this an insignificant factor. Just recently in Angeles v. Fernandez,[39] we held that the fact that the filing of the complaint by the employee 20 months after dismissal is a non-issue, thus:Worth stressing, we find sufficient reason to agree with the appellate court that petitioner failed in this case to prove that respondent abandoned her job. While respondent filed the complaint 20 months after her dismissal, such filing was well within the four-year prescriptive period allowed to institute an action for illegal dismissal. This Court had previously considered a non-issue the lapse of several months, e.g. eight months, nine months, and two years and five months before filing a complaint for illegal dismissal.[40] | |||||