Garangan v. Specified Contractors and Development, Inc.
This is a civil case decided by the Supreme Court of the Philippines in its February 7, 2018 resolution. The case involved petitioner Aminah Naga Garangan who filed a complaint for illegal dismissal against respondents Specified Contractors and Development Incorporated and others. The high court denied the petition and affirmed the decision of the Court of Appeals, which in turn affirmed the decision of the National Labor Relations Commission. The court held that Garangan's dismissal was due to her failure to meet the company's standards during her probationary employment, and that the company complied with the procedural due process requirements. The court emphasized that the assessment of adequate duty performance is a management prerogative that should be respected when exercised reasonably.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 231110. February 7, 2018.]
AMINAH NAGA GARANGAN, petitioner,vs. SPECIFIED CONTRACTORS AND DEVELOPMENT, INCORPORATED, HENRY STEVE R. OLONAN, MA. HENCEL R. OLONAN AND/OR MELANIE P. FRIVALDO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedFebruary 7, 2018which reads as follows: HTcADC
"G.R. No. 231110 (Aminah Naga Garangan v. Specified Contractors and Development Incorporated, Henry Steve R. Olonan, Ma. Hencel R. Olonan and/or Melanie P. Frivaldo). The Court resolves to DENY the petition and AFFIRM the Court of Appeal's (CA) Decision dated September 13, 2016 in CA-G.R. SP No. 136321 for failure to sufficiently show that the CA committed any reversible error in affirming the Decision dated February 27, 2014 of the National Labor Relations Commission, which dismissed petitioner Aminah Naga Garangan's (Garangan) complaint for illegal dismissal against respondents Specified Contractors and Development Incorporated (SCDI), Henry Steve R. Olonan, Ma. Hencel R. Olonan, and Melanie P. Frivaldo.
As correctly held by the CA, SCDI conveyed to Garangan her duties and responsibilities as probationary executive assistant/paralegal at the time of her engagement. She was also informed that her performance will be evaluated based on company standards, and that her services may be terminated in the event of unsatisfactory performance and violation of company rules. Unfortunately, Garangan failed to meet the expectations of SCDI with respect to job knowledge, job performance, communication, productivity, planning and organizing to name a few. Case law teaches that the assessment of adequate duty performance is in the nature of management prerogative which when reasonably exercised, as in this case, should be respected.
On the matter of procedural due process, it is well-settled that the usual two-notice rule does not govern when termination is brought about by the failure of an employee to meet the standards of the employer in case of probationary employment. It is sufficient that a written notice is served to the employee, within a reasonable time from effective date of termination. SCDI complied with this requirement.
Accordingly, there is no cogent reason to disturb the ruling of the CA.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
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