Grounds:

 Hired as a Quality Manager last October of 2016

 Received a monthly compensation of 50,000 plus bonuses and allowances
 Received first Show Cause Memo (to which I responded to) last December 2017
o The Show Cause Memo indicated that there was ‘negligence of duty’ and ‘loss of trust’ as grounds for the
disciplinary action
o Received Notice of Decision with Final Written Warning; indicated to have 180 observation period
 After the mentioned decision, I suffered 50% deduction of bonus, despite hitting the targets for
bonus and the justification was that I was placed on PIP
 Placement of PIP was unjustified as there was no prior notice nor signed document that I will be
placed on the program. At the moment, there was likewise no PIP structure in place in the
company
 Received second Show Cause Memo with Hearing last February 2018 & subsequent hearing conducted
o The Show Cause Memo still indicated there was ‘negligence of duty’ and ‘loss of trust’ as grounds for the
disciplinary action
o No suspension pending investigation happened
 Notice of termination received March 2018 indicating that there were valid grounds/causes for termination based on
an alleged investigation. When asked, there was nothing furnished (no minutes of investigation) that occurred
justifying the grounds for termination
 When a closed-door meeting was asked with the VP, he mentioned that there is another option – an IMMEDIATE
RESIGNATION – for me to get my last pay.
o When asked the reason why the employee was terminated, he mentioned that it was all based on an alleged
office gossip and that he no longer able to do ‘damage control’ in relation to my reputation in the office.
Nothing in the allegations was of this nature.
o The employee asked again for the minutes of the investigation as I sincerely believed that performance was
improved from the last Show Cause received (December 2017). He mentioned that he does not have the
same.
o The option he gave was an immediate resignation, effective March 15 2018 so I can still receive my last pay.
 Damages is proper as the reputation of the employee was tainted given her previous performance from previous
company and even prior to the allegations in the notices. The VP also gave a “terminal leave” to the employee &
before effective date of resignation, the VP already ‘appointed’ a Quality Manager.
 Clearly, the dismissal was attended by bad faith or fraud, or constituted an act oppressive to labor, or was done in a
manner contrary to morals, good customs or public policy.

Jurisprudence

[Montinola v PAL] GR 198656, September 8 2014

Illegally suspended employees, similar to illegally dismissed employees, are entitled to moral damages when their suspension
was attended by bad faith or fraud, oppressive to labor, or done in a manner contrary to morals, good customs, or public policy.

xxx

Art. 279. Security of Tenure – In cases of regular employment, the employer shall not terminate the services of an employee
except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to
reinstatement without loss of seniority rights and other privileges and to full back wages, inclusive of allowances, and to his
other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of
his actual reinstatement.

Security of tenure of workers is not only statutorily protected, it is also a constitutionally guaranteed right.61 Thus, any
deprivation of this right must be attended by due process of law.62 This means that any disciplinary action which affects
employment must pass due process scrutiny in both its substantive and procedural aspects.

The procedure can be summarized in this manner. First, the employer must furnish the employee with a written notice
containing the cause for termination. Second, the employer must give the employee an opportunity to be heard. This could be
done either through a position paper or through a clarificatory hearing.66 The employee may also be assisted by a
representative or counsel. Finally, the employer must give another written notice apprising the employee of its findings and the
penalty to be imposed against the employee, if any.67 In labor cases, these requisites meet the constitutional requirement of
procedural due process, which "contemplates notice and opportunity to be heard before judgment is rendered, affecting one’s
person or property.