The Employer who Raises the Defense of Resignation against an Illegal Dismissal Complaint must prove that Resignation was Voluntary
Philippine Nautical Training College, (PNTC), is a private entity engaged in the business of providing maritime training and education.
In 1988, PNTC employed Grande as Instructor for medical courses like Elementary First Aid and Medical Emergency. Grande became the Course Director of the Safety Department. PNTC was then principally engaged in providing maritime training for seafarers.
In 2002, Grande was appointed Course Director for the Training Department of PNTC school. In November 2007, she resigned as she had to pursue graduate studies and carry on her plan to immigrate to Canada. In May 2009, Grande was invited by PNTC to resume teaching since it intended to offer BS Nursing and other courses for maritime training.
In July 2009, Grande was, again, employed by PNTC as Director for Research and Course Department. As such, she was responsible for the development, revisions and execution of training programs. In September 2010, Grande was given the additional post of Assistant Vice-President (VP) for Training Department.
In February 2011, several employees of PNTC’s Registration Department, including the VP for Training Department were placed under preventive suspension in view of the anomalies in the enlistment of students. On March 1, 2011, the VP for Corporate Affairs, Frederick Pios (Pios), called Grande for a meeting. Pios relayed to Grande the message of PNTC’s President, Atty. Hernani Fabia, for her to tender her resignation from the school in view of the discovery of anomalies in Registration Department that reportedly involved her.
Pios assured Grande of absolution from the alleged anomalies if she would resign. Grande then prepared a resignation letter, signed it and filed it with the Office of the PNTC President. The PNTC accomplished for her the necessary exit clearance. In the evening of the same date, Grande, accompanied by counsel, filed a police blotter for a complaint for unjust vexation against Pios. The next day, March 2, 2011, Grande accompanied by counsel, filed a complaint for illegal dismissal with prayer for reinstatement with full backwages, money claims, damages, and attorney’s fees against PNTC.
The Supreme Court held that the employer who interposes the defense of voluntary resignation of the employee in an illegal dismissal case must prove by clear, positive and convincing evidence that the resignation was voluntary; and that the employer cannot rely on the weakness of the defense of the employee.
Make Legally Defensible Employee Notices and Exit Documentations
The requirement rests on the need to resolve any doubt in favor of the working man. Furthermore, in an illegal dismissal case, the onus probandi rests on the employer to prove that the dismissal of an employee is for a valid cause.
Having based its defense on resignation, it is incumbent upon PNTC, as employer, to prove that Grande voluntarily resigned. From the totality of circumstances and the evidence on record, it is clear that PNTC failed to discharge its burden. If the evidence presented by the employer and the employee are in equipoise, the scales of justice must be tilted in favor of the latter.
(Flordaliza Llanes Grande vs. Philippine Nautical Training College, G.R. No. 213137, March 1, 2017)
Guide to Valid Dismissal of Employees
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