Unsatisfactory Background Check Result: Can This Result in Dismissal?Atty Elvin
Mr. Sagun was employed at HSBC when he applied online with ANZ Global Services.
He passed the ANZ application process. He was made to sign a Letter of Confirmation of the Offer as Customer Service Officer, which he also accepted.
In the letter, the terms and conditions of his employment required, among others, a satisfactory result of his pre-employment screening such as the satisfactory results of background check. It also states that if, in the opinion of ANZ, any of the background checks, reference checks or visas are not satisfactory, ANZ may choose not to commence the employment, or where he had already started, to end it immediately, with no liability to pay compensation to him.
When the background check was conducted, it was found that:
- He only held the position of a Level 1 and not a Level 2 Technical Support Representative at Siemens; and
- He was terminated for cause due to his absence without official leave (AWOL) and not because of his resignation.
He sued for illegal dismissal.
The Supreme Court said that there was no illegal dismissal. ANZ’s obligations as a would-be employer were held in suspense and thus, had yet to acquire any obligatory force. In a contract with a suspensive condition, if the condition does not happen, the obligation does not come into effect. Thus, until and unless he complied with the satisfactory background check, there exists no obligation on the part of ANZ to recognize and fully accord him the rights under the employment contract.
(Sagun vs. ANZ Global Services and Operations (Manila), Inc., et al. G.R. No. 220399, August 22, 2016)