Tempo

SC rules...

- (Rey Panaligan)

discussed during a hearing by the grievance committee.”

“Dagdag then agreed to resign after she was apprised of the possible consequenc­es if she will be dismissed from service as it might affect her next job applicatio­n as compared to resigning.”

“Dagdag filed a complaint against Union School for illegal dismissal, non-payment of salaries and benefits, moral and exemplary damages, and attorney’s fees.”

The case reached the SC on a petition filed by Union School represente­d by school superinten­dent Pastor Abraham Cho, board president Jamie Nabua, and Jennifer Mandapat. It challenged the CA decision that found the school guilty of illegally dismissing Dagdag from her employment.

Quoting from the decision, the SC PIO stated that the SC found that Dagdag had been constructi­vely dismissed.

“The test of constructi­ve dismissal is whether a reasonable person would have felt compelled to give up his employment/position under the circumstan­ces. As aptly observed by the CA, Mandapat’s act of suggesting that Dagdag should simply tender her resignatio­n, as the school may impose harsher penalties, left Dagdag with no choice but to discontinu­e working for Union School,” the SC PIO said based on the decision

It said that the decision stated that “although there was a conduct of a grievance meeting, its outcome was already predetermi­ned as petitioner­s were already resolute in their decision to terminate Dagdag’s employment. This is evident by the fact that Dagdag was left with two choices – resignatio­n or dismissal and threatenin­g her with possible revocation of her teaching license.”

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