Esperas v. Sodexo-On-Site Services Philippines, Inc.
This is a civil case involving the termination of a probationary employee, Randy T. Esperas, from Sodexo On-Site Services Philippines, Inc. The Supreme Court of the Philippines affirmed the decision of the Court of Appeals, which upheld the termination of Esperas for failing to meet the standards of the employer. However, the Supreme Court modified the decision by increasing the nominal damages from P10,000 to P30,000. The Court also ruled that the notice of termination served to Esperas was not sufficient as it was not served within a reasonable time from the effective date of termination, as required by law. The Supreme Court further imposed interest on the damages awarded at the rate of six percent per annum from the date of finality of the judgment until fully paid.
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SECOND DIVISION
[G.R. No. 249623. February 24, 2020.]
RANDY T. ESPERAS, petitioner,vs. SODEXO ON-SITE SERVICES PHILIPPINES, INC., LORRAINE FRANKS and MARIA KRISANTA M. ZARA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated24 February 2020which reads as follows:
"G.R. No. 249623 (Randy T. Esperas vs. Sodexo On-Site Services Philippines, Inc., Lorraine Franks and Maria Krisanta M. Zara). — After a judicious review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision 1 dated June 26, 2019 and Resolution 2 dated September 18, 2019 in CA-G.R. SP No. 153248, which affirmed the findings of the Labor Arbiter and the National Labor Relations Commission (NLRC).
However, the award of nominal damages awarded by the NLRC, as sustained by the CA, must be increased from P10,000.00 to P30,000.00 pursuant to the Court's ruling in Agabon and Agabon v. NLRC. 3 Per Section 2, Rule I, Book VI of the Implementing Rules of the Labor Code, 4 if a probationary employee is terminated front employment for failure to meet the standards of the employer, the notice of termination must be served to such probationary employee within a reasonable time from the effective date of termination. It is undisputed that when Randy T. Esperas was terminated from probationary employment, the termination was made effective immediately.
In view of the foregoing, the Petition is DENIED. The Decision dated June 26, 2019 and Resolution dated September 18, 2019 of the Court of Appeals in CA-G.R. SP No. 153248 are hereby AFFIRMED with MODIFICATION in that the nominal damages awarded to Randy T. Esperas is increased to P30,000.00. In line with current Jurisprudence, 5 interest at the rate of six percent (6%) per annum shall be imposed on the damages awarded from the date of finality of this judgment until fully paid."
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Ricardo R. Rosario and Perpetua T. Atal-Paño, concurring: rollo, pp. 29-39.
2.Id. at 40-42.
3. G.R. No. 158693, November 17, 2004
4. Section 2. Security of Tenure. —
xxx xxx xxx
"If the termination is brought about by the completion of a contract or phase thereof, or by failure of an employee to meet the standards of the employer in case of probationary employment, it shall be sufficient that a written notice is served the employee within a reasonable time from the effective date of termination.
5.Nacar v. Gallery Frames, 716 Phil. 267 (2013).
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