Apelanio v. Arcanys, Inc.

And Ceo Alan Debonneville

G.R. No. 227098, November 14, 2018

FACTS:

Apelanio was hired by respondents as a Usability/Web Design Expert and placed on a

"probationary status" for a period of six months. As he is aware of the undergoing
evaluation, he was allegedly not informed of what the passing grade was or what
constituted as "reasonable standards of satisfactory performance. Respondents then
served petitioner a letter informing him that they were not converting his status into a
regular employee since his performance fell short of the stringent requirements and
standards set by respondent. Petitioner was given his final pay and he signed a Waiver,
Release and Quitclaim in favor of respondents. However, he was immediately offered a
retainership agreement which involved the same scope of work and responsibilities. Upon
renewal of the agreement, he consulted a lawyer, whom he found out that such practice is
illegal.

Respondents’ alleged that petitioner was validly dismissed due to his failure to meet the
performance standards during his probationary period and that he was offered the
retainership agreement in exchange of the information he had about the hacking
perpetrator. Respondents stopped transacting with petitioner after learning that the latter
did not actually have information or leads about the hacking and that he just took
advantage of their situation. Hence, petitioner filed the case before the Labor Arbiter
against respondents for unfair labor practice, illegal dismissal, and damages.

LA ruled in favor of

ISSUE:

RULING: