RB Michael Press vs Galit

FACTS
May 1, 1997 respondent was employed by petitioner RB Michael Press as an
offset machine operator.
o Work schedule: 8:00 a.m. to 5:00 p.m., Mondays to Saturdays
o Paid Php230 a day
o Tardy for 190 times (totalling 6,117 minutes)
o Absent without leave for 9 days

February 22, 1999 respondent was ordered to render overtime service to

comply with job order deadline. He refused to do so.
February 23, 1999 respondent reported for work but Escobia told him not to
work and to return later in the afternoon for a hearing.
February 24, 1999 respondent was terminated. Employer through Escobia,
gave him his two-day salary and a termination letter.
Respondent filed complaint for illegal dismissal and money claims before
NLRC Regional Arbirtation Branch No. 4. RB Michael Press was ordered to
reinstate complainant and be paid his full backwages.
Petitioners elevated case to NLRC. Appeal was dismissed for lack of merit.
Petitioners filed Petition for Certiorari with CA. Petition is dismissed for lack of
merit. Decision of public respondent modified in basis of computation for
backwages.
o CA: respondents refusal to render overtime work cause of
termination of his employment

ISSUE:
Whether there was just cause to terminate the employment of respondent
Whether due process was observed in dismissal process
HELD
Yes.
1.) Tardiness cannot be considered condoned by petitioners
o Habitual tardiness is a form of neglect of duty.
o WAIVER
The mere fact that the numerous infractions of respondent have
not been immediately subjected to sanctions cannot be
interpreted as condonation of the offenses or waiver of the
company to enforce company rules.
Waiver voluntary and intentional relinquishment or
abandonment of a known legal right or privilege.
A waiver to be valid and effective must be couched in clear and
unequivocal terms.
Management prerogative to discipline employees and impose
punishment is a legal right which cannot, as a general rule, be
impliedly waived.

It is incumbent upon employee to adduce substantial evidence

to demonstrate condonation or waiver on the part of
management.
2.) Insubordination or willful disobedience
o Art 89 of Labor Code empowers employer to legally compel his
employees to perform overtime work against their will to prevent
serious loss or damage.
o The fact that the respondent refused to provide overtime work despite
his knowledge that there is a production deadline that needs to be
met, and that without him, the offset machine operator, no further
printing can be had, shows his wrongful and perverse mental attitude
Willfulness.
o Respondents excuse that he was not feeling well is unbelievable and
obviously an afterthought.

No.
o
o
o

The undue haste in effecting respondents termination shows that the

termination process was a mere simulation.
Required notices were given, hearing was scheduled and held, but
respondent was not given opportunity to defend himself.
It seems that petitioners already decided to dismiss respondent from
service, even before first notice had been given.