Petitioner
Jerry E. Almogera, Jr.
Respondent
A & L Fishpond
Citation
G.R. No. 247428
Court
Supreme Court
Division
Third Division
Ponente
Delos Santos, J.
Decided
February 17, 2021

Whether petitioner was illegally dismissed for being absent without official leave (AWOL) for 11 days without proper leave application

Summary

This labor case involved the dismissal of Jerry Almogera, Jr., a harvester at A & L Fishpond, for being absent without official leave for 11 days. Almogera claimed he had verbal permission from his supervisor, but the company's written policy required formal leave applications 5 days in advance. The Labor Arbiter initially ruled the dismissal illegal, but the NLRC, Court of Appeals, and Supreme Court all found the dismissal valid. The Supreme Court held that Almogera's failure to follow reasonable company leave policies constituted willful disobedience, a just cause for termination under the Labor Code. The Court emphasized that employers may implement reasonable work rules and that procedural due process was satisfied through proper notice requirements. Almogera was only entitled to service incentive leave pay, not reinstatement or other monetary benefits reserved for illegally dismissed employees.

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By Intellegal Editorial Board · February 17, 2021

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