6/5/2020
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Based on the foregoing provisions, the Contract of Employment may be terminated by
either party for cause or at any time for no cause, as long as a three-month notice is
given to the other party. In the latter case, respondent shall still be fully engaged and
entitled to her salary and allowances for the three-month period provided in the notice
of termination.
The Contract of Employment signed by respondent is first and foremost a contract,
which has the force of law between the parties as long as its stipulations are not
contrary to law, morals, public order, or public policy. We had occasion to rule that
stipulations providing that either party may terminate a contract even without cause
are legitimate if exercised in good faith.[86] Thus, while either party has the right to
terminate the contract at will, it cannot not act purposely to injure the other.[87]
There is no need to delve on the attempted demotion of respondent for the reason that
she did not have a master's degree. We are more inclined to believe that the matter
regarding respondent's master's degree or her lack thereof was a result of a mere
misunderstanding. While respondent may be fully justified in claiming that she has a
master's degree by virtue of her law degree here in the Philippines, it is clearly not the
master's degree that the Ministry of Education of Ethiopia required. This matter was not
clarified when the representative of the Ministry of Education of Ethiopia evaluated her
qualifications prior to her deployment, and it only became apparent upon her arrival in
Ethiopia. Thus, the misunderstanding was not the result of bad faith on the part of
either party. It is for this reason that their acts regarding the matter should not be
taken against either one of them. In any case, the demotion did not materialize, and
respondent maintained her salary and benefits until she was repatriated.
Neither can we impute bad faith on the part of Alemaya University in the exercise of its
right to terminate the Contract of Employment at will for several reasons.
First, we regard the alleged statements of Vice President Alamirew during the meeting
on 27 March 2006 as an isolated personal incident that had nothing to do with the
termination of respondent's employment. Vice President Alamirew later apologized to
respondent for the blunder and confessed it was because she thought respondent led
the group protest before the Ministry of Education.
Second, while it was Vice President Alamirew who eventually issued the notice of
termination, the ground cited therein was respondent's supposed failure to handle her
teaching load effectively. Respondent had previously caused some inconvenience to the
management of Alemaya University when she decided to discontinue teaching the
course assigned to her and spent the rest of the semester without any teaching load
but still with pay. It also alluded to her tendency to insult students, staff, management
and Ethiopians in general.
Third, respondent never denied the grounds cited in the notice of termination. In fact,
in her letter dated 31 March 2006 addressed to Mr. Keno, she affirmed that the
students "told [her] bluntly that they do not want [her] style [of teaching]."[88]
In the exercise of the right to terminate a contract without cause, one party need only
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10/20