Nlrc o termination is valid the employee remains

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Unformatted text preview: e
to
meet
the
prescribed
standards.
 Labor
 arbiter
 dismissed
 the
 illegal
 dismissal
 case
 but
 ordered
ICMC
to
pay
her
6k
as
payment
for
the
last
3
months
 of
the
agreed
employment
period.
 o There
was
no
circumvention
of
the
rights
of
Bernadette
when
 she
 was
 informed
 of
 her
 termination.
 The
 dissatisfaction
 of
 ICMC
 over
 her
 performance
 is
 a
 legitimate
 exercise
 of
 its
 prerogative
 to
 select
 whom
 to
 hire
 or
 refuse
 employment
 for
 the
success
of
its
program
or
undertaking.
 Rights
of
probationary
employee;
termination
only
for
cause
 • If
 an
 employee
 hired
 allegedly
 on
 probationary
 basis
 was
 not
 informed
 of
 the
 standards
 that
 should
 qualify
 her
 as
 a
 regular
 employee,
 the
 employee
 is
 deemed
 to
 have
 been
 hired
 from
 day
 one
 as
a
regular
employee
 • Probationary
 employee
 are
 also
 entitled
 to
 security
 of
 tenure
 –
 thus,
 except
 for
 just
 cause
 as
 provided
 by
 law,
 or
 under
 the
 employment
 contract,
a
probationary
employee
cannot
be
terminated
 • AM
Oreta
v.
NLRC
 o In
 all
 cases
 involving
 employees
 engaged
 on
 probationary
 basis,
 the
 employer
 shall
 make
 known
 to
 the
 employee
 at
 the
 time
 he
 is
 hired,
 the
 standards
 by
 which
 he
 will
 qualify
 as
 a
 regular
 employee.
 Nowhere
 in
 the
 employment
 contract
 executed
is
there
a
stipulation
that
the
employee
shall
undergo
 a
probationary
period.
There
is
no
evidence
on
record
showing
 that
 Grulla
 had
 been
 apprised
 of
 his
 probationary
 status.
 Absent
these
requisites,
there
is
justification
in
concluding
that
 Grulla
was
a
regular
employee
at
the
time
he
was
dismissed
by
 the
Company
 o A
probationary
employee
cannot
be
removed
except
for
cause
 during
 the
 period
 of
 probation.
 Although
 a
 probationary
 or
 35
 4. 5. 6. temporary
employee
has
limited
tenure,
he
still
enjoys
security
 of
 tenure.
 During
 his
 tenure
 of
 employment
 or
 before
 his
 contract
 expires,
 he
 cannot
 be
 removed
 except
 for
 cause
 as
 provided
for
by
law.
 • Manila
Hotel
Corporation
v.
NLRC
 o Cruz
 was
 employed
 as
 gardener
 on
 probation
 status.
 A
 day
 before
 the
 expiration
 of
 the
 probationary
 period,
 Cruz’s
 position
was
“abolished”
allegedly
due
to
economic
reverse
 o During
 his
 tenure
 of
 employment
 or
 before
 his
 contract
 expires,
Cruz
cannot
be
removed
except
for
cause
as
provided
 for
 by
 law.
 What
 makes
 Cruz’s
 dismissal
 highly
 suspicions
 is
 that
it
took
place
at
a
time
when
he
needs
only
but
a
day
to
be
 eligible
as
a
regular
employee.

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This document was uploaded on 03/11/2014.

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