1) Petitioner, an employee of Coca Cola for over a decade working as a lift operator, did not report to work due to heavy rains that flooded their area. He immediately filed for leave.
2) Despite submitting a written explanation accompanied by a certification from their Barangay Chairman, petitioner was given a Notice of Termination.
3) On appeal, the NLRC reversed the decision of the Labor Arbiter in favor of the petitioner. Coca Cola appealed to the Court of Appeals, which affirmed the NLRC decision.
1) Petitioner, an employee of Coca Cola for over a decade working as a lift operator, did not report to work due to heavy rains that flooded their area. He immediately filed for leave.
2) Despite submitting a written explanation accompanied by a certification from their Barangay Chairman, petitioner was given a Notice of Termination.
3) On appeal, the NLRC reversed the decision of the Labor Arbiter in favor of the petitioner. Coca Cola appealed to the Court of Appeals, which affirmed the NLRC decision.
1) Petitioner, an employee of Coca Cola for over a decade working as a lift operator, did not report to work due to heavy rains that flooded their area. He immediately filed for leave.
2) Despite submitting a written explanation accompanied by a certification from their Barangay Chairman, petitioner was given a Notice of Termination.
3) On appeal, the NLRC reversed the decision of the Labor Arbiter in favor of the petitioner. Coca Cola appealed to the Court of Appeals, which affirmed the NLRC decision.
GR !"#$%3 "&%&#''( )ACTS* Petitioer +as a e,-lo.ee o/ res-o0et Coca Cola /or ,ore tha a 0eca0e. 1e +or2e0 as /or2 li/t o-erator. Res-o0et has a e3isti4 E,-lo.er5s Co0e o/ Disci-liar. R6les a0 re46latios -rovi0i4 -ealt. /or a !' th AWOP 7 AWOL. Petitioer 0i0 ot re-ort to +or2 8eca6se o/ heav. rais +hich 9oo0e0 their area. I,,e0iatel. a/ter: he ;le0 a a--licatio /or leave. 1e +as re<6ire0 8. the res-o0et to e3-lai i +riti4 +h. o 0isci-liar. actio sho6l0 8e i,-ose0 o hi,. 1e s68,itte0 a +ritte e3-laatio acco,-aie0 +ith a Certi;catio /ro, their Bara4a. Chair,a. Des-ite his co,-liace: he +as 4ive a Notice o/ Ter,iatio. Petitioer ;le0 a co,-lait o/ ille4al 0is,issal +hich +as 0is,isse0 /or lac2 o/ ,erit. O a--eal: the NLRC reverse0 the 0ecisio 8. the La8or Ar8iter. Res-o0et a--eale0 the case 8e/ore the Co6rt o/ A--eals: +hich a6lle0 the NLRC 0ecisio. Iss6e* Sho6l0 the leave o/ a8sece ;le0 8. the -etitioer 8e allo+e0 8. the co,-a.= R>LING* ?es. The -etitioer5s leave o/ a8sece sho6l0 have 8ee a--rove0. 1is a8sece +as 06e to a /ort6ito6s evet o6tsi0e his cotrol. State -olic. is to a@or0 /6ll -rotectio to la8or. >0er Article #(A o/ the La8or Co0e: a e,-lo.ee +ho is 6B6stl. 0is,isse0 is etitle0 to reistate,et +itho6t loss o/ seiorit. ri4hts a0 other -rivile4es a0 to the -a.,et o/ /6ll 8ac2 +a4es: icl6sive o/ allo+aces a0 other 8ee;ts or their ,oetar. e<6ivalet co,-6te0 /ro, the ti,e his co,-esatio +as +ithhel0 /ro, hi,. ALCA S. CENDODA Att.. Si3to Ro0ri46eE: Fr. P>NP LLB G H La8or La+