ORTIZ v. DHL

ROGEL ORTIZ, Petitioner -versus- DHL PHILIPPINES CORPORATION, ET AL., Respondents

G.R. No. 183399

March 20, 2017

FACTS:

In September 1989, the petitioner was hired by DHL Philippines Corporation as Courier/Driver at the Mactan Business Center in Cebu. In 1991, he was promoted to the position of Customs Representative and occupied the said position until 1995 when he was assigned at the Ramos Business Center. Thereafter, he held the position of a Manifest Clerk up to the time of his termination.

As a Manifest Clerk, the petitioner was specifically tasked to prepare manifest documents of the cargo before the same is forwarded to its destination. He was made to work from 11 :00 a.m. until 8:00 p.m., with one-hour meal break and a 15- minute coffee break. On ordinary days, he and the other manifest clerks took charge of the office business from 6:00 p.m. to 8:00 p.m. since their Branch Supervisor, Marivic Jubay (Jubay) leaves by 6:00 p.m.

On March 19, 1999, at around 6:00 p.m., the RBC Branch Manager, Ramon Tamondong (Tamondong), looked for the petitioner but he was not in his workplace and his co-employees would not know where he was.

Tamondong then asked the security guard if he knew where the petitioner could be and the former answered that he went home to watch a Philippine Basketball Association (PBA) game.

This, Tamondong called Jubay and directed her to investigate the matter. Jubay immediately called the office but the petitioner was still nowhere to be found. On the following day, Jubay found out that the petitioner punched out his time card 8:46 p.m. on the previous day.

ISSUE:

Whether or not NLRC gravely abused its discretion in holding the petitioner’s dismissal was with a valid cause and that he was accorded due process

HELD:

No. After a careful examination of the facts and the records of this case, the Court finds that the petitioner's dismissal was founded on acts constituting serious misconduct and grave dishonesty which are grounds for a valid dismissal. In particular, he repeatedly committed the following serious violations of company policies, to wit:

1) Grave dishonesty and fraud by allowing someone to punch out your timecard for a period of two years

2) Deliberate disregard/disobedience of company rule by frequently leaving work area prior to scheduled dismissal time without permission

3) Disrespect to immediate superior by uttering offensive and lewd remarks and[/]or misbehavior during confrontation last March 25, 1999

4) Threatening the two security guards on duty last April 9, 1999 and warning them against testifying about violations incurred which constitute an offense against person