Voluntary resignation

If employees have already resigned voluntarily, can they still subsequently file a complaint for illegal dismissal? This is the question resolved in this case of Jun, Leila and Josie.

June, Leila and Josie were employees of an export/import company (PII) majority owned by Japanese with a plant in Bataan Export Processing Zone and an office in Makati. They were assigned in the Makati office where Jun was the export/import manager for 21 years, while Leila was the chief accountant and Josie one of her staff members since 1989.

In 1995, PII’s manager informed Jun, Leila and Josie that PII’s parent company in Japan had decided to close the Makati office and transfer its functions to its facilities in Bataan to streamline operations. For this reason, Jun, Leila and Josie were given the option to resign with a separation package of one month basic salary for every year of service.

The three employees decided to resign but requested a re-computation of their respective separation package based on their gross basic monthly pay plus all allowances. PII through its manager acceded to their request. So on September 25, 1995 PII accordingly paid Jun, P548,100; Leila P414,500.22; and Josie P10,219.66.

Just after two days however the three resigned employees filed a complaint against PII, its president and manager with the National Labor Relations (NLRC) for illegal dismissal and payment of separation pay, retirement benefits, leave pay and 13th month pay. They contended that the alleged losses incurred by PII was not really true and they cited it only to justify its reorganization.

The Labor Arbiter (LA) found PII and its officers liable and accordingly ordered them to pay their back-wages, separation pay and attorney’s fees. According to the LA, the fact that the three employees immediately filed the complaint barely two days after they were terminated shows that they did not really resign voluntarily. Was the LA correct?

No. June, Leila and Josie held responsible positions in PII. Employees of their educational backgrounds and professional standing do not easily relinquish their legal rights unless they really intend to. In fact they even bargained to improve the terms of their separation package, and after successfully doing so, voluntarily resigned from PII.

Consequently, whether the streamlining of PII’s operations constituted an authorized cause for the termination of the services of Jun, Leila and Josie became immaterial in view of their voluntary resignation (Guerzon, Jr. et. al. vs. Pasig Industries Inc. et. al. G.R. 170266, September 12, 2008)

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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