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    La Consolacion

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    Rex Regio
    This case involves a school physician, Pascua, who was dismissed from her full-time position at La Consolacion College of Manila due to alleged financial difficulties. Pascua argued her dismissal was illegal because a part-time physician could have been dismissed first or her status changed to part-time. The court ruled Pascua's dismissal was illegal because La Consolacion failed to follow proper retrenchment procedures by disregarding Pascua's seniority over the part-time physician. Retrenchment must follow fair criteria like status and seniority, and the employer could have modified Pascua's status instead of dismissing her.

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    La Consolacion

    Uploaded by

    Rex Regio
    84 views2 pages
    This case involves a school physician, Pascua, who was dismissed from her full-time position at La Consolacion College of Manila due to alleged financial difficulties. Pascua argued her dismissal was illegal because a part-time physician could have been dismissed first or her status changed to part-time. The court ruled Pascua's dismissal was illegal because La Consolacion failed to follow proper retrenchment procedures by disregarding Pascua's seniority over the part-time physician. Retrenchment must follow fair criteria like status and seniority, and the employer could have modified Pascua's status instead of dismissing her.

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    This case involves a school physician, Pascua, who was dismissed from her full-time position at La Consolacion College of Manila due to alleged financial difficulties. Pascua argued her dismissal was illegal because a part-time physician could have been dismissed first or her status changed to part-time. The court ruled Pascua's dismissal was illegal because La Consolacion failed to follow proper retrenchment procedures by disregarding Pascua's seniority over the part-time physician. Retrenchment must follow fair criteria like status and seniority, and the employer could have modified Pascua's status instead of dismissing her.

    Copyright:

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

    La Consolacion

    Uploaded by

    Rex Regio
    This case involves a school physician, Pascua, who was dismissed from her full-time position at La Consolacion College of Manila due to alleged financial difficulties. Pascua argued her dismissal was illegal because a part-time physician could have been dismissed first or her status changed to part-time. The court ruled Pascua's dismissal was illegal because La Consolacion failed to follow proper retrenchment procedures by disregarding Pascua's seniority over the part-time physician. Retrenchment must follow fair criteria like status and seniority, and the employer could have modified Pascua's status instead of dismissing her.

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

    G.R. No.

    214744, March 14, 2018

    LA CONSOLACION COLLEGE OF MANILA, et al v. PASCUA

    Facts: On 2000, Pascua's services as school physician were engaged by petitioner La


    Consolacion. She started working part-time before serving full-time on 2008. On September
    2011, Pascua was invited by Albert Manalili, La Consolacion's Human Resources Division
    Director, to a meeting wherein she was handed her termination of employment letter. The
    reason for her dismissal was said to be the current financial situation of La Consolacion caused
    by the decrease in enrollment. After her exit clearance, Pascua filed a complaint for illegal
    dismissal against La Consolacion, Sr. Mora, Manalili, and Manabat. Pascua pointed out that the
    part-time school physician, Dr. Venus Dimagmaliw should have been considered for dismissal
    first or La Consolacion could have asked her to revert to part-time status instead. Sr. Mora
    explained that Pascua in particular was retrenched because her position, the highest paid in the
    health services division, was dispensable.

    Issue: whether or not the reason cited for her retrenchment, that she had the highest rate of
    pay, justified her dismissal.

    Ruling: No. The Labor Code recognizes retrenchment as an authorized cause for terminating
    employment. However, it may only be exercised in compliance with substantive and procedural
    requisites. As to the substantive requisites, an employer must first show that the retrenchment is
    reasonably necessary and likely to prevent business losses. Second, an employer must also
    show that it exercises its prerogative to retrench employees in good faith and not to defeat or
    circumvent the employees' right to security of tenure. Third, an employer must demonstrate that
    it used fair and reasonable criteria in ascertaining who would be dismissed and who would be
    retained among the employees, such as status, efficiency, seniority, physical fitness, age, and
    financial hardship for certain workers. Procedurally, employers must serve a written notice both
    to the employees and to the DOLE at least one month prior to the intended date of retrenchment
    and they must pay the retrenched employees separation pay equivalent to one month pay or at
    least 1/2 month pay for every year of service, whichever is higher.

    Here, La Consolacion's failure was non-compliance with the third substantive requisite of using
    fair and reasonable criteria that considered the status and seniority of the retrenched employee.
    La Consolacion's disregard of respondent's seniority and preferred status relative to a part-time
    employee indicates its resort to an unfair and unreasonable criterion for retrenchment. Its flawed
    standard for retrenchment constrains this Court to maintain that respondent was illegally
    dismissed. Besides, La Consolacion could have also modified respondent's status from full-time
    to part-time. When retrenchment becomes necessary, the employer may, in the exercise of its
    business judgment, implement cost-saving measures, but at the same time, should respect
    labor rights.

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