Gross Inefficiency is Akin to Gross and Habitual Neglect of Duty
Gross inefficiency is analogous to gross and habitual neglect of duty59 under Article 297 (e) in relation to Article 297 (b) of the Labor Code, as amended, for both involve specific acts of omission on the part of the employee resulting in damage to the employer or to his business, and constituting, therefore, just cause to dismiss an employee.
Gross inefficiency and unsatisfactory rating can be a just cause for dismissal only if it amounts to gross and habitual neglect of duties. (See p. 153, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Villanueva)
In the February 2019 case of Telephilippines, Inc. vs. Jacolbe (G.R. No. 233999, February 18, 2019), a call center employee was assigned to its Priceline account. For the company to properly assess his work performance, he was required to meet the key performance metric targets of, among others, an Average Handle Time (AHT) of 7.0 minutes or below.
The AHT refers to the average time spent by a CSR with the customer on the phone; it is computed using the formula: (Average Talk Time+ Hold Time) I Number of Calls= AHT, and is recorded on a daily and weekly basis.
The call center employee performance records show that his Average Handle Time (AHT) scores for 62 consecutive weeks up to his dismissal were well above the 7 minutes or lower AHT mark. As he had been having difficulty meeting the same, the company allowed him to continue in its employ and even enrolled him in its SMART Action and Performance Improvement Plans twice to help him improve his AHT scores.
This notwithstanding, the employees’ AHT scores remained well above the 7-minute AHT mark. Undoubtedly, for the Supreme Court, his repeated and consistent failure to meet the prescribed AHT mark over a prolonged period of time falls squarely under the concept of gross inefficiency and is analogous to gross and habitual neglect of duty under Article 297 of the Labor Code which justified his dismissal.
Moreover, the Court found that the 7-minute AHT metric is not unique to said employee as it is in fact a key performance metric, which measures the effectivity and efficiency of a CSR in handling customer’s concerns in each call. It applies to all employees assigned to the Priceline account who, save for a few including Jacolbe, have all been able to meet the same.
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Along with the other key performance metrics, it was employed by the company to properly and reasonably assess the overall work performance of its employees. Notably, the AHT metric per se is also used by TP for all employees in its other accounts, and is in fact considered an established work performance evaluation metric within the business process outsourcing industry where the company belongs.
The employee’s insistence that his Top Agent award for December 2012 contradicts the charge of inefficiency and poor performance does not deserve consideration. As records show, the Top Agent award is not a sufficient measure of an employee’s overall work performance since it proceeded solely from a single customer’s feedback in one call on one given day. All told, the 7-minute AHT metric does not appear to be arbitrary and unreasonable. On the contrary, the Court finds it necessary and relevant to the achievement of TP’s objectives and a reasonable work standard imposed by TP in the exercise of its management prerogative.
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