Case Digest: Tuason v. Bank of Commerce
G.R. No. 192076 : November 21, 2012
MICHELLE T. TUASON, Petitioner, v. BANK OF COMMERCE, RAUL B. DE MESA AND MARIO J. PADILLA,Respondents.
MENDOZA, J.:
FACTS:
Petitioner Michelle T. Tuason (Tuason) was hired by respondent Bank of Commerce (BOC) as head of Marketing Department of its Property Management Group. Tuasons problems started when she was administratively charged with irregularities regarding the sale of BOCs properties and assets. Consequently, BOC, acting through respondent Mario Padilla, exerted pressure upon Tuason to file her courtesy resignation and have a graceful exit to save face and avoid embarrassment due to the hiring of Maximo Estrada as her replacement.
To diffuse the otherwise tensed situation, Tuason requested for a leave of absence. However, BOC repeatedly denied her request and directed her to report for work. At the office, she saw for herself the flyers boldly announcing the appointment and assumption of Estrada to the very same position that she was still occupying.
Thus, Tuason filed a complaint for constructive dismissal. The Labor Arbiter dismissed Tuasons complaint. On appeal, the NLRC reversed and set aside the LAs decision. However, the CA reversed the NLRC and ruled in favor of BOC.
Hence, this present petition.
ISSUE: Whether or not Tuason was constructively dismissed?
HELD: Petition is granted.
LABOR LAW: constructive dismissal
This is clearly a case of constructive dismissal. Thus, in Dimagan v. Dacworks United, Inc., the Court held, "the test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his position under the circumstances. It is an act amounting to dismissal but is made to appear as if it were not. Constructive dismissal is therefore a dismissal in disguise. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer."
MICHELLE T. TUASON, Petitioner, v. BANK OF COMMERCE, RAUL B. DE MESA AND MARIO J. PADILLA,Respondents.
MENDOZA, J.:
FACTS:
Petitioner Michelle T. Tuason (Tuason) was hired by respondent Bank of Commerce (BOC) as head of Marketing Department of its Property Management Group. Tuasons problems started when she was administratively charged with irregularities regarding the sale of BOCs properties and assets. Consequently, BOC, acting through respondent Mario Padilla, exerted pressure upon Tuason to file her courtesy resignation and have a graceful exit to save face and avoid embarrassment due to the hiring of Maximo Estrada as her replacement.
To diffuse the otherwise tensed situation, Tuason requested for a leave of absence. However, BOC repeatedly denied her request and directed her to report for work. At the office, she saw for herself the flyers boldly announcing the appointment and assumption of Estrada to the very same position that she was still occupying.
Thus, Tuason filed a complaint for constructive dismissal. The Labor Arbiter dismissed Tuasons complaint. On appeal, the NLRC reversed and set aside the LAs decision. However, the CA reversed the NLRC and ruled in favor of BOC.
Hence, this present petition.
ISSUE: Whether or not Tuason was constructively dismissed?
HELD: Petition is granted.
LABOR LAW: constructive dismissal
This is clearly a case of constructive dismissal. Thus, in Dimagan v. Dacworks United, Inc., the Court held, "the test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his position under the circumstances. It is an act amounting to dismissal but is made to appear as if it were not. Constructive dismissal is therefore a dismissal in disguise. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer."
