6/7/2020
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Superintendent in the field of Civil Engineering, he being a Civil Engineering graduate
with vast experience in said field. He stresses that he was terminated because of a
"discipline mismatch" as his employer actually needed a Mechanical (Engineer)
Superintendent, not a Civil Engineer.
In addition, Dagasdas insists that he did not voluntarily back out from his work. If not
for the discipline mismatch, he could have performed his job as was expected of him.
He also denies that the new employment contract he signed while in Saudi Arabia was
more advantageous to him since the basic salary and allowance stipulated therein are
just the same with that in his Job Offer. He argues that the new contract was even
disadvantageous because it was inserted therein that he still had to undergo
probationary status for three months.
Finally, Dagasdas contends that the new contract he signed while in Saudi Arabia was
void because it was not approved by the Philippine Overseas Employment
Administration (POEA). He also claims that CA should have closely examined his
quitclaim because he only signed it to afford his plane ticket for his repatriation.
On the other hand, GPGS maintains that Dagasdas was fully aware that he applied for
and was accepted as Network Technician. It also stresses that it was Dagasdas hirnself
who decided to accept from ITM a new job offer when he arrived in Saudi Arabia. It
further declares that Dagasdas' quitclaim is valid as there is no showing that he was
compelled to sign it.
Issue
Was Dagasdas validly dismissed from work?
Our Ruling
The Petition is with merit.
As a rule, only questions of law may be raised in a petition under Rule 45 of the Rules
of Court. However, this rule allows certain exceptions, including a situation where the
findings of fact of the courts or tribunals below are conflicting.[35] In this case, the CA
and the NLRC arrived at divergent factual findings anent Dagasdas' termination. As
such, the Court deems it necessary to re-examine these findings and determine
whether the CA has sufficient basis to annul the NLRC Decision, and set aside its
finding that Dagasdas was illegally dismissed from work.
Moreover, it is well-settled that employers have the prerogative to impose standards on
the work quantity and quality of their employees and provide measures to ensure
compliance therewith. Non-compliance with work standards may thus be a valid cause
for dismissing an employee. Nonetheless, to ensure that employers will not abuse their
prerogatives, the same is tempered by security of tenure whereby the employees are
guaranteed substantive and procedural due process before they are dismissed from
work.[36]
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