Thursday, December 15, 2011

Jhorizaldy Uy vs. Centro Ceramica Corporation, et al., G.R. No. 174631. October 19, 2011.

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Dismissal; illegal. Resignation is defined as “the voluntary act of employees who are compelled by personal reasons to disassociate themselves from their employment. It must be done with the intention of relinquishing an office, accompanied by the act of abandonment.” In this case, the evidence on record suggested that petitioner did not resign; he was orally dismissed by Sy. The crucial factor is the verbal order directly given by Sy, the company president, for petitioner to immediately turn over his accountabilities. It is this lack of clear, valid and legal cause, not to mention due process that made his dismissal illegal, warranting reinstatement and the award of backwages. Moreover, the filing of a complaint for illegal dismissal just three weeks later is difficult to reconcile with voluntary resignation. Had petitioner intended to voluntarily relinquish his employment after being unceremoniously dismissed by no less than the company president, he would not have sought redress from the NLRC and vigorously pursued this case against the respondents. Jhorizaldy Uy vs. Centro Ceramica Corporation, et al., G.R. No. 174631. October 19, 2011.


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