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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Resolution dated January 28, 2013 of the Court of Appeals in CA-G.R. SP No. 115396 are REVERSED and SET ASIDE. Accordingly, the March 29, 2010 and June 2, 2010 Resolutions of the National Labor Relations Commission in NLRC LAC OFW-L-02000071-10 are REINSTATED. SO ORDERED. Sereno, C.J., (Chairperson), Leonardo-De Castro, Perlas-Bernabe, and Caguioa, JJ., concur. [1] CA rollo, pp. 312-320; penned by Associate Justice Manuel M. Barrios and concurred in by Associate Justices Remedios A. Salazar-Fernando and Normandie B. Pizarro. [2] Id. at 128-135; penned by Commissioner Napoleon M. Menese and concurred in by Presiding Commissioner Raul T. Aquino and Commissioner Teresita D. Castillon-Lora, [3] Id. at 145-146. [4] Id. at 103-108; penned by Labor Arbiter Virginia T. Luyas Azarraga. [5] Id. at 353-355. [6] Id. at 21, 38. [7] Id. at 62-65. [8] Id. at 66. [9] Id. at 67 [10] Id. at 60-61. [11] Id. at 54-57. [12] Id. at 58. [13] Id. at 49-52. [14] Id. at 39. [15] Id. at 75. [16] Id. at 68-72. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64310 9/12

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Rutcher T. Dagasdas vs. Grand Placement and General Services Corporation, G.R. No. 205727, January 18, 2017

Jurisprudence

Case number: G.R. No. 205727

Division: PH Supreme Court First Division

Date of decision: Ene 18, 2017

Year of decision: 2017

Nature of the case: TERMINATION OF EMPLOYMENT

MRO Case Type

2-notice rule in valid dismissal proceedings
Appeal to the NLRC
Breach of contract
Contract substitution is prohibited
Grounds for dismissal
Illegal dismissal
Interpretation of overseas employment contract
Joint and solidary liability of agency and employer
Management prerogatives and security of tenure of OFWs
Money claims
Release, waiver and quitclaim
Termination of employment

Summary of outcome: The Court ruled in favor of Dagasdas. It found that prior to his deployment, Dagasdas was made to sign a POEA-approved contract with GPGS, on behalf of ITM. However, upon arrival in Saudi Arabia, ITM made him sign a new employment contract (which became the basis for his dismissal).

ITM failed to show that it set and communicated work standards for Dagasdas to follow, and on which his efficiency (or lack thereof) would be determined.

The Court also ruled that the new contract was void and in clear violation of Dagasdas' right to security of tenure.

The new contract was not shown to have been processed through the POEA. It breached Dagasdas' original contract as it was entered into even before the expiration of the original contract approved by the POEA. The Court declared that its terms and conditions, including reserving in favor of the employer the right to terminate an employee without notice during the probationary period, were void.

Dagasdas was likewise not afforded procedural due process when he was dismissed from work. There was no prior notice of the purported infraction. He was not given any opportunity to explain on any accusation made against him. He was simply given a notice of termination. The twin-notice requirement was not complied with.

Lastly, although Dagasdas executed a quitclaim, the same did not preclude him from filing the suit. GPGS and ITM failed to show that Dagasdas had indeed voluntarily waived his claims against the employer.

Observatory: Migrant Workers Rights

Affected Sector

Migrant Worker / Former Migrant Worker

Ponente: DEL CASTILLO, J.

Combined geolocations

Latitude: 14.57223

Longitude: 120.99233

: Geolocation 1Geolocation 2Geolocation 3

Primary Documents

2017Rutcher T. Dagasdas vs. Grand Placement and General Services Corporation_january.pdf
English
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Commission on Human Rights

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Rutcher T. Dagasdas vs. Grand Placement and General Services Corporation, G.R. No. 205727, January 18, 2017

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