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Sagun v. ANZ Global Services and Operations - NLRC and CA: affirmed.

There is a difference between the

(Perlas-Bernabe, J.) 2016 perfection of the employment contract (June 8, 2011) and the
commencement of the employer-employee relationship. The
Facts: relationship never existed since the employment offer is
- Sagun was employed at HSBC Electronics Data Processing when conditioned on the satisfactory completion of his background
he applied online for the position of Payments and Cash Processing check
Lead at ANZ
- After passing the interview and online exam, Senior VP for ISSUE:
Operations, Cruzada, offered Sagun the position of Customer 1. W/N an employer-employee relationship existed – NO
Service Officer, which he accepted on June 8, 2011
- In the letter of confirmation of the offer, the terms and conditions HELD:
of his employment required a satisfactory result of his pre- - An employment contract, like any other contract, is perfected at the
employment screening moment the parties come to agree upon its terms and conditions,
o Required to undergo a police record check prior to and thereafter, concur in the essential elements thereof
commencing work or at other times during employment - There was already a perfected contract of employment when
o Undergo other checks (e.g. bankruptcy, sanctions petitioner signed ANZ's employment offer and agreed to the terms
screening, reference, etc.) and conditions that were embodied therein. Nonetheless, the offer
o He was to be on probationary status for 6 months and that of employment extended to petitioner contained several conditions
appointment would take effect from the date of reporting before he may be deemed an employee of ANZ.
(to be not later than July 11, 2011) - a condition is defined as "every future and uncertain event upon
o Initial and ongoing employment is conditional on ANZ which an obligation or provision is made to depend. It is a future
being satisfied of the results. In case results are and uncertain event upon which the acquisition or resolution of
unsatisfactory, ANZ may choose to not commence rights is made to depend by those who execute the juridical act." 41
employment, or terminate the same immediately Jurisprudence states that when a contract is subject to a suspensive
- On June 11, 2011, Sagun tendered his resignation at HSBC and the condition, its effectivity shall take place only if and when the event
acknowledged copy thereof was transmitted to ANZ which constitutes the condition happens or is fulfilled.
- On July 11, 2011, Sagun was handed a letter of retraction - Here, the subject employment contract required a satisfactory
informing him that the offer had been withdrawn because of the completion of petitioner's background check before he may be
material inconsistencies found in his declared information and deemed an employee of ANZ
documents - To reiterate, in a contract with a suspensive condition, if the
o He only held a position of a Lvl. 1, not Lvl. 2, Technical condition does not happen, the obligation does not come into
Support Representative effect. Thus, until and unless petitioner complied with the
o He was terminated for cause due to his absence without satisfactory background check, there exists no obligation on the
official leave and not because of his resignation part of ANZ to recognize and fully accord him the rights under the
o He failed to report for work on or before July 11, 2011 employment contract.
- Sagun filed a complaint for illegal dismissal before the NLRC -
arguing that his employment contract had already been perfected
ipon his acceptance of the offer on June 8, 2011
- Respondents countered that no employer-employee relation existed
and thus the NLRC has no jurisdiction and presented that Sagun
made material misrepresentations
- LA: dismissed the case. No perfected employment contract.