Dear PAO,
I work at a BPO company. Last week, my team leader (TL) said that my afternoon naps and habit of dropping calls were affecting my work performance. He bluntly said that my output “sucked,” and that I should expect a memorandum soon. I admit that I take naps during work hours and drop calls of annoying customers, but that is because I need to take care of my mental health. Self-care is the most important thing in a young person’s life after all, and I cannot handle stress.
I believe that my TL’s actions created a work environment that made my continued employment unbearable, thereby forcing me to resign. Please confirm that my employer committed constructive dismissal, so that I can claim separation pay and back wages.
Karen-Mae
Dear Karen-Mae,
Unfortunately, you are incorrect. Based on your narration, what transpired between you and your team leader may not form a case of constructive dismissal.
The Supreme Court, in the case of Jonathan Dy Chua Bartolome vs. Toyota Quezon Avenue Inc., et al. (GR 254465, April 3, 2024), which was penned by Associate Justice Amy Lazaro-Javier, held that constructive dismissal should be an action of the employer that is so unreasonable that continued work would be impossible, viz.:
“Constructive dismissal arises ‘when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee.’ In such cases, the impossibility, unreasonableness or unlikelihood of continued employment leaves an employee with no other viable recourse but to terminate his or her employment.
“By definition, constructive dismissal can happen in any number of ways. At its core, however, is the gratuitous, unjustified or unwarranted nature of the employer’s action. As it is a question of whether an employer acted fairly, it is inexorable that any allegation of constructive dismissal be contrasted with the validity of exercising management prerogative.
“Was the petitioner constructively dismissed?
“The Court of Appeals ruled that sarcastic comments and unpleasant remarks do not qualify as clear discrimination, insensibility or disdain by the employer. xxx
“Notably, the unreasonably harsh conditions which compel resignation on the part of an employee must be way beyond the occasional discomforts brought about by the misunderstandings between the employer and employee. Strong words may sometimes be exchanged as the employers describe their expectations or as the employees narrate the conditions of their work environment and the obstacles they encounter as they accomplish their assigned tasks. As in every human relationship, there are bound to be disagreements.”
From the foregoing, it is clear that you were the one at fault for sleeping on the job and dropping clients’ calls. Your employer exercised its management prerogative in attempting to furnish you a memo to correct your ill behavior. The actions of your employer may be said to be reasonable and cannot be considered constructive dismissal. Your continued work was never made impossible by the action of your team leader. Rather, the problem lies primarily in your actions which violate the rules and regulations of your employer.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
