GR 152325; (August, 2008) (Digest)
G.R. No. 152325 ; August 28, 2008
MONICCA B. EGOY, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, THE BUSINESS STAR CORPORATION, and GABRIEL MAÑALAC, respondents.
FACTS
Petitioner Monicca B. Egoy was a reporter for respondent Business Star Corporation. On May 4, 1994, she was assigned to cover the bidding of the National Steel Corporation (NSC) and report for the next day’s issue. The managing editor closed the front page that evening without the NSC story. The petitioner was subsequently directed to explain her failure to submit the report and her absence without official leave (AWOL) from May 5 to 9, 1994. In her explanation, she claimed she made calls to the office on May 4 and arrived past 7:00 p.m. to file her story, but the editor had left. Regarding her absence, she admitted planning a trip to Hong Kong but claimed she intended to file a sick leave. The respondent terminated her services on grounds of AWOL and breach of trust for intending to mislead the office about her Hong Kong trip.
The Labor Arbiter found the dismissal illegal, awarding separation pay and backwages, reasoning that the AWOL charge was flawed as some days were non-working holidays. The National Labor Relations Commission (NLRC) reversed this, finding the dismissal valid. The NLRC considered not only the stated grounds in the termination memo but also the petitioner’s overall conduct, including her failure to submit the critical news story. The Court of Appeals affirmed the NLRC decision.
ISSUE
Was the petitioner illegally dismissed?
RULING
No, the Supreme Court upheld the dismissal as valid. The Court clarified that in determining the legality of dismissal, the employer is not strictly limited to the grounds stated in the notice of termination. The totality of the employee’s infractions, as revealed during the proceedings, may be considered. The petitioner’s failure to submit the crucial NSC bidding story constituted gross neglect of duty, a valid ground for dismissal under Article 282 of the Labor Code. This failure was a serious breach of her fundamental duties as a reporter, directly impairing the newspaper’s operations.
Furthermore, her absence and intent to deceive the company about her Hong Kong trip demonstrated a willful disregard of company rules and justified the loss of trust. The Labor Arbiter erred in restricting his evaluation solely to the formal charges of AWOL and breach of trust. The NLRC and CA correctly considered the entire factual milieu, including the unprofessional conduct leading to the termination. The dismissal was for a just cause, supported by substantial evidence of her negligence and dishonesty. The petition was denied.