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CAVITE APPAREL v. MICHELLE MARQUEZ

FACTS:

Petitioners Cavite Apparel, Incorporated (Cavite Apparel) and Adriano Timoteo filed a petition for review on certiorari to nullify the decision of the Court of Appeals (CA) and the National Labor Relations Commission (NLRC) that affirmed the NLRC's disposition in favor of respondent Michelle Marquez's illegal dismissal complaint against the petitioners. Cavite Apparel is a domestic corporation engaged in garment manufacturing. Michelle was hired by Cavite Apparel in 1994 and had several absences without leave (AWOL) throughout her employment. On May 8, 2000, Michelle did not report for work due to illness and was later suspended for six days by Cavite Apparel. However, upon her return on June 8, 2000, Cavite Apparel terminated her employment for habitual absenteeism. Michelle filed a complaint for illegal dismissal with the NLRC, which was dismissed by the Labor Arbiter (LA) for just cause. On appeal, the NLRC reversed the LA's decision and ordered Michelle's reinstatement with backwages. The CA dismissed Cavite Apparel's petition and affirmed the NLRC's ruling. Cavite Apparel filed a motion for reconsideration, which was also denied. Hence, the present petition.

ISSUES:

  1. Whether the NLRC committed grave abuse of discretion in setting aside the decision of the LA and ordering the reinstatement of Michelle Marquez.

  2. Whether Michelle's four absences from December 1999 to May 2000 can be considered habitual.

  3. Whether the penalties imposed on Michelle for her prior absences should preclude her dismissal for her May 8, 2000 absence.

RULING:

  1. The CA did not find that the NLRC committed grave abuse of discretion in setting aside the decision of the LA and ordering the reinstatement of Michelle Marquez.

  2. The CA considered Michelle's four absences from December 1999 to May 2000 as not habitual.

  3. The CA ruled that the penalties imposed on Michelle for her prior absences should preclude her dismissal for her May 8, 2000 absence.

PRINCIPLES:

  • Dismissal for violation of company rules and regulations is a dismissal for cause (Northern Motors, Inc. v. National Labor Union).