Scribd
Upload
46 views1 page

Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, August 5, 2014

Joy Cabiles was hired by Sameer Overseas Placement Agency to work in Taiwan but was assigned a different job as a cutter. After less than a month of work, she was terminated without notice and instructed to collect her final pay and passport. She filed a complaint which was ruled in her favor. The Supreme Court upheld the ruling, finding that the employer failed to prove just cause for termination and did not follow due process requirements such as notices and a hearing. While employers can impose work standards, they cannot abuse this right and must balance it with employees' security of tenure as protected by the Constitution.

Uploaded by

Alyanna Rollon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
46 views1 page

Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, August 5, 2014

Joy Cabiles was hired by Sameer Overseas Placement Agency to work in Taiwan but was assigned a different job as a cutter. After less than a month of work, she was terminated without notice and instructed to collect her final pay and passport. She filed a complaint which was ruled in her favor. The Supreme Court upheld the ruling, finding that the employer failed to prove just cause for termination and did not follow due process requirements such as notices and a hearing. While employers can impose work standards, they cannot abuse this right and must balance it with employees' security of tenure as protected by the Constitution.

Uploaded by

Alyanna Rollon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No.

170139, August 5, 2014

FACTS: Joy Cabiles submitted to Sameer Overseas Placement Agency, Inc. her application for a quality control
job in Taiwan and got hired. She then signed a one-year employment contract and paid a placement fee.
However, upon deployment to Wacoal, Co. Ltd., she was asked to work as cutter.
After less than a month of working, Wacoal terminated Joy without prior notice, instructing her to collect her
final pay and passport and to prepare for immediate repatriation. She only earned an amount of NT$ 9,000 from
which NT$ 3,000 was deducted by Wacoal to cover her plane ticket to Manila.
Joy filed a complaint for illegal dismissal with the NLRC against Sameer and Wacoal. To this, Sameer
responded that Joy’s termination was due to her inefficiency, negligence of her duties, and failure to comply
with the requirements of her employer.
NLRC and CA ruled in favor of Joy. Hence, this petition.
ISSUES: Whether or not Joy was legally dismissed.
RULING: No. Wacoal failed to accord her due process of law, and the burden of proving that there is just cause
of termination is on the employer.
Indeed, employers have the prerogative to impose productivity and quality standards at work, and failure to
comply therewith may be a just cause for their dismissal. This prerogative, however, should not be abused. It is
"tempered with the employee’s right to security of tenure” as guaranteed by our Constitution 1.
Employees are not stripped of their security of tenure when they move to work in a different jurisdiction as we
follow the principle of lex loci contractus (the law of the place where the contract is made). There is no question
that the contract of employment in this case was perfected here in the Philippines. Therefore, the Labor Code,
its implementing rules and regulations, and other laws affecting labor apply in this case.
Under the Labor Code, just causes of termination include serious misconduct/willful disobedience, gross and
habitual neglect of duties, fraud or willful breach of trust, commission of crime by the employee, and other
analogous causes.
In this case, there is no showing that Joy was sufficiently informed of the standards against which her work
efficiency and performance were judged. The employer also failed to comply with due process requirements,
such as the twin notices and hearing.

1
Article XIII, Section 3 - The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all.

You might also like