CRUZ vs. NLRC [G.R. No. 116384. February 7, 2000]

CRUZ VS. NLRC
February 7, 2000

FACTS:
The private respondent Norkis Distributors Inc., is a domestic corporation. It is engaged in the business of selling motorcycles and household appliances. It was operating in Mandaue City, Cebu; it had its branch in Valencia, Bukidnon where the petitioner Cruz was employed. On October 14, 1990, while petitioners and her co-employees were busy working, petitioner collapsed and was brought to the hospital. From then on, she was not able to report for work. On December 28, 1990, she sent a letter to respondent Norkis to verify her status of employment but as an answer, she received a termination letter dated November 2, 1990 citing health reasons for the dismissal.
On March 18, 1991, they filed a complaint for illegal dismissal against the private respondent praying for payment of separation pay and other money claims before the NLRC Branch of Cayagan de Oro City. The Labor Arbitration Branch ruled in favor of the petitioner. From the said decision, both parties appealed to the NLRC where the decision was reversed and set aside.

ISSUE:
Whether or not the dismissal of petitioner is legal.

RULING:
Under Section 8, Rule 1 Book VI of the Rules and Regulations Implementing the Labor Code, for a disease to be a valid ground for the dismissal of the employee, the continued employment of such employee is prohibited by law or prejudicial to his health or to the health of his co-employees and there must be a certification by a competent public health authority that the disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment.
There is merit in petitioner’s submission that the award of moral and exemplary damages in her favor is warranted by her unjustified dismissal. Award of moral and exemplary damages for an illegally dismissed employee is proper where the employee had been harassed and arbitrarily terminated by the employer.
The Court has consistently accorded the working class a right to recover damages for unjust dismissals tainted with bad faith, where the motive of the employer in dismissing the employee is far from noble. The petition is granted.