Almirante: Forced resignation

PETITIONER Elsa Malig-on was hired on March 4, 1996 as janitress by respondent Equitable General Services, Inc. On Feb. 15, 2002, her immediate supervisor told her the company would be assigning her to another client. On Oct. 15, 2002, she was told that she had to file a letter of resignation before she can be reassigned. She complied but respondent reneged on its undertaking.

In a complaint for illegal dismissal filed by Malig-on, respondent interposed the defense that she voluntarily resigned. Did the defense find merit?

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Ruling: No

According to the company, Malig-on simply dropped out of sight one day on Feb. 16, 2002 for no reason at all. Eight months later or on Oct. 15, she appeared at the company’s office and tendered her resignation. To the company’s surprise, three days later or on Oct. 18, she went to the National Labor Relations Commission (NLRC) office and filed her complaint against the company for illegal dismissal. Clearly, however, these circumstances do not sound consistent with resignation made freely.

First, when Malig-on reportedly dropped out of sight and the company had no idea about the reason for it, the natural and right thing for it to do was investigate why she had suddenly vanished.

Indeed, the company needed to write Malig-on immediately and ask her to explain in writing why she should not be considered to have abandoned her job so the company may be cleared of its responsibility as employer. This did not happen here.

Second, if Malig-on had abandoned her work and had no further interest in it, there was no reason for her to suddenly show up at her former place of work after eight months and file her resignation letter. Her action would make sense only if, as she claimed, she had been on floating status for over six months and the company promised to give her a new assignment if she would go through the process of resigning and reapplying.

And, third, that Malig-on went to NLRC to file a complaint for unjust dismissal just three days after she filed her alleged resignation letter is inconsistent with genuine resignation.

It would make sense only if, as Malig-on claims, the company tricked her into filing for resignation upon a promise to give her a new work assignment and failed to deliver such promise (Elsa S. Malig-on vs. Equitable General Services, Inc., G.R. No. 185269, June 29, 2010).

Almirante is a former labor arbiter.