GR 160982; (June, 2013) (Digest)
G.R. No. 160982 ; June 26, 2013
MANILA JOCKEY CLUB, INC., Petitioner, vs. AIMEE O. TRAJANO, Respondent.
FACTS
Respondent Aimee O. Trajano was employed as a selling teller by petitioner Manila Jockey Club, Inc. (MJCI). On April 25, 1998, she mistakenly canceled a winning ticket belonging to one bettor upon the request of another. She rectified the error by securing the affected bettor’s agreement for her to personally pay any potential winnings, which ultimately did not materialize as the bet lost the subsequent race. MJCI placed Trajano under preventive suspension and subsequently terminated her employment for “unauthorized cancellation of ticket,” alleging serious misconduct and gross neglect of duty. Trajano filed a complaint for illegal dismissal, arguing the cancellation was an honest mistake made while she was duly operating the cancellation machine and that her termination was effected without due process.
The Labor Arbiter found the dismissal illegal, a decision affirmed by the National Labor Relations Commission (NLRC), which ordered reinstatement with six months’ backwages. The Court of Appeals (CA) dismissed MJCI’s petition. MJCI elevated the case to the Supreme Court via a petition for review on certiorari.
ISSUE
Whether the Court of Appeals erred in affirming the NLRC’s finding that Trajano was illegally dismissed.
RULING
The Supreme Court denied the petition and affirmed the CA decision, ruling that Trajano was illegally dismissed. The Court held that MJCI failed to prove by substantial evidence that the single incident of ticket cancellation constituted willful disobedience, gross neglect, or serious misconduct warranting dismissal under Article 282 of the Labor Code. The act was an isolated honest mistake committed in the course of performing her duties, not a deliberate violation evincing wrongful intent or gross negligence. The employer’s prerogative to discipline must be exercised humanely and considerately, and the penalty of dismissal was grossly disproportionate to the infraction.
Furthermore, the Court found that MJCI failed to comply with the twin-notice and hearing requirements of procedural due process. Trajano was not properly notified of the specific charges against her nor given a real opportunity to defend herself. The posting of the termination notice in selling stations was an invalid substitute for personal service. Consequently, as an illegally dismissed employee, Trajano is entitled to reinstatement without loss of seniority rights and to full backwages from the time of her dismissal until actual reinstatement. If reinstatement is no longer feasible, she shall be awarded separation pay in lieu thereof, with backwages computed until the finality of the decision.