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Rivera V Genesis Transport

Richard N. Rivera filed a complaint for illegal dismissal against Genesis Transport Service, Inc. and Riza A. Moises after being terminated for an alleged failure to properly remit tickets and a discrepancy of P196. The Supreme Court ruled that Rivera's termination was not justified, as a single isolated instance of apparent wrongdoing does not constitute just cause for dismissal. To justify termination, misconduct must be so severe that no other penalty but termination of employment is viable. The Court ordered Genesis Transport to reinstate Rivera and pay back wages, separation pay, and attorney's fees. The case was dismissed with respect to Riza A. Moises.

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223 views2 pages

Rivera V Genesis Transport

Richard N. Rivera filed a complaint for illegal dismissal against Genesis Transport Service, Inc. and Riza A. Moises after being terminated for an alleged failure to properly remit tickets and a discrepancy of P196. The Supreme Court ruled that Rivera's termination was not justified, as a single isolated instance of apparent wrongdoing does not constitute just cause for dismissal. To justify termination, misconduct must be so severe that no other penalty but termination of employment is viable. The Court ordered Genesis Transport to reinstate Rivera and pay back wages, separation pay, and attorney's fees. The case was dismissed with respect to Riza A. Moises.

Uploaded by

Rejmali Good
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RICHARD N. RIVERA, Petitioner, v. GENESIS TRANSPORT SERVICE, INC. AND RIZA A.

MOISES,
Respondents.
(G.R. No. 215568, August 03, 2015)

Facts of the Case:

A bus driver that filed a complaint for illegal dismissal for an alleged failure to comply with
necessary remittance of tickets that had been sought for discrepancies. It was found out that
there is a tamper written in one of the tickets P394.00, whereas, it should be in the correct
form of P198.00. Hence, an allegation of fraudulent and grave misconduct had been charged
against the petitioner bus driver that resulted in his dismissal. Petitioner contended that the
said bus company erred to give credit to his explanations towards an honest mistake due to an
alleged bus troubles. NLRC also affirmed with the decision of the Labor Arbiter to dismiss the
case on the ground of credible evidence against the petitioner.

Issues:

Whether petitioner Richard N. Rivera's employment was terminated for just cause by
respondent Genesis Transport, Inc

Held:

It is the policy of the state to assure the right of workers to "security of tenure" (Article XIII,
Sec. 3 of the New Constitution, Section 9, Article II of the 1973 Constitution). The guarantee is
an act of social justice. When a person has no property, his job may possibly be his only
possession or means of livelihood. Therefore, he should be protected against any arbitrary
deprivation of his job. Article 280 of the Labor Code has construed security of tenure as
meaning that "the employer shall not terminate the services of an employee except for a just
cause or when authorized by" the code. Dismissal is not justified for being arbitrary where the
workers were denied due process and a clear denial of due process, or constitutional right
must be safeguarded against at all times.

Misconduct and breach of trust are just causes for terminating employment only when
attended by such gravity as would leave the employer no other viable recourse but to cut off an
employee's livelihood. (Article 282)

Thus, it is not enough for an employee to be found to have engaged in improper or wrongful
conduct. To justify termination of employment, misconduct MUST BE SO SEVERE as to make it
evident that no other penalty but the termination of the employee's livelihood is viable.

To reiterate, what is involved is a paltry amount of P196.00. All that has been proven is the
existence of a discrepancy. No proof has been adduced of ill-motive or even of gross
negligence. From all indications, petitioner stood charged with a lone, isolated instance of
apparent wrongdoing.
Decision:

WHEREFORE, the Petition for Review on Certiorari is PARTIALLY GRANTED. The assailed
Decision dated July 8, 2014 and the assailed Resolution dated November 20, 2014 of the Court
of Appeals Fifth Division in CA-G.R. SP No. 130801, which dismissed the Petition for Certiorari
filed by petitioner Richard N. Rivera and affirmed the February 28, 2013 and April 30, 2013
Resolutions of the National Labor Relations Commission Second Division, as well as the June 26,
2012 Decision of Labor Arbiter Gaudencio P. Demaisip, Jr., are REVERSED and SET ASIDE.
Accordingly, respondent Genesis Transport Service, Inc. is ordered to pay petitioner:

(1)
Full backwages and other benefits computed from July 30, 2010, when petitioner's employment
was illegally terminated, until the finality of this Decision;
(2)
Separation pay computed from June 2002, when petitioner commenced employment, until the
finality of this Decision, at the rate of one (1) month's salary for every year of service, with a
fraction of a year of at least six (6) months being counted as one (1) whole year; and
(3)
Attorney's fees equivalent to ten percent (10%) of the total award.

The case is REMANDED to the Labor Arbiter to make a detailed computation of the amounts
due to the petitioner, which respondents should pay without delay.

The case is DISMISSED with respect to respondent Riza A. Moises.

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