Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 40 views

    Protective Maximum Security Agency, Inc. v. Celso E. Fuentes

    Uploaded by

    AlyssaOgao-ogao
    The Supreme Court of the Philippines ruled that Celso E. Fuentes was not guilty of abandonment of work. Fuentes, a security guard, was detained on charges of conspiring with rebels but was later declared innocent. The Court found that Fuentes' absence from work was justified due to his detention, and that upon his release he reported back to work, showing no intent to sever ties with his employer. The Court also found that Fuentes' employer, Protective Maximum Security Agency, Inc., failed to follow due process and dismissed Fuentes without cause. The Court affirmed lower court rulings in favor of Fuentes and ordered his reinstatement with back wages and indemnity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Protective Maximum Security Agency, Inc. v. Celso E. Fuentes

    Uploaded by

    AlyssaOgao-ogao
    40 views2 pages
    The Supreme Court of the Philippines ruled that Celso E. Fuentes was not guilty of abandonment of work. Fuentes, a security guard, was detained on charges of conspiring with rebels but was later declared innocent. The Court found that Fuentes' absence from work was justified due to his detention, and that upon his release he reported back to work, showing no intent to sever ties with his employer. The Court also found that Fuentes' employer, Protective Maximum Security Agency, Inc., failed to follow due process and dismissed Fuentes without cause. The Court affirmed lower court rulings in favor of Fuentes and ordered his reinstatement with back wages and indemnity.

    Original Description:

    LABOR LAW

    Original Title

    4

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court of the Philippines ruled that Celso E. Fuentes was not guilty of abandonment of work. Fuentes, a security guard, was detained on charges of conspiring with rebels but was later declared innocent. The Court found that Fuentes' absence from work was justified due to his detention, and that upon his release he reported back to work, showing no intent to sever ties with his employer. The Court also found that Fuentes' employer, Protective Maximum Security Agency, Inc., failed to follow due process and dismissed Fuentes without cause. The Court affirmed lower court rulings in favor of Fuentes and ordered his reinstatement with back wages and indemnity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    Protective Maximum Security Agency, Inc. v. Celso E. Fuentes

    Uploaded by

    AlyssaOgao-ogao
    The Supreme Court of the Philippines ruled that Celso E. Fuentes was not guilty of abandonment of work. Fuentes, a security guard, was detained on charges of conspiring with rebels but was later declared innocent. The Court found that Fuentes' absence from work was justified due to his detention, and that upon his release he reported back to work, showing no intent to sever ties with his employer. The Court also found that Fuentes' employer, Protective Maximum Security Agency, Inc., failed to follow due process and dismissed Fuentes without cause. The Court affirmed lower court rulings in favor of Fuentes and ordered his reinstatement with back wages and indemnity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Protective Maximum Security Agency, Inc. v. Celso E.

    Fuentes
    G.R. No. 169303 February 11, 2015

    Facts:
    Petitioner Celso E. Fuentes was hired as a security guard by Protective
    Maximum Security Agency Inc. and assigned him to Picop Resources, Inc
    where posted to a security checkpoint designated as Post 33 in Upper New
    Visayas, Agusan del Sur. In July 2000, armed people ransacked post 33
    and inflicted harm upon Fuentes and other security guards. They reported it
    to the PNP and stated they were accosted at gunpoint. PNP found reason
    to believe that Fuentes conspired and acted in consort with the NPA and
    thus filed a complaint against him where he was detained but was later
    declared innocent and was released. Petitioner then filed a complaint "for
    illegal dismissal, non-payment of salaries, overtime pay, premium pay for
    holiday and rest day, 13th month pay, service incentive leave and damages
    against the Petitioner. The Labor Arbiter ruled in favor of the Petitioner,
    NLRC ruled that respondent was illegally dismissed and CA dismissed the
    petition of Protective, stating that they failed to discharge its burden to
    prove a just cause.

    Issues:
    Whether or not there is abandonment of work in this case.

    Ruling:
    The Supreme Court ruled that there was no abandonment of work and
    affirms the decision of CA. Abandonment constitutes a just cause to
    dismiss an employee. It is the deliberate and unjustified refusal of an
    employee to resume his employment, a form of neglect of duty. There are
    two requisites for abandonment: (1) the failure to report for work or
    absence without valid or justifiable reason; and (2) a clear intention to sever
    employer-employee relationship. In this case, Fuentes' absences was
    justified because of his detention thus the 1st requisite is not present.
    Furthermore, Fuentes’ act of reporting for work after being cleared of the
    charges against him showed that he had no intention to sever ties with his
    employer. With that, there is no abandonment done. It was also proven that
    the petitioner failed to comply with the due process of law. It was shown
    that there was no attempt to serve a proper notice and that he was
    replaced without given the opportunity to explain. With that, the Court
    orders the reinstatement of Fuentes with back wages and indemnity.

    You might also like