Suan v. NLRC (June 19, 2001)

FACTS: Petitioner was employed on board Irma Inc’s vessel. He suffered a stroke while on board and had to disembark. He applied for and was granted sick leave to enable him to recover. When he reported for work, he was refused work and was told to secure a mod cert attesting to his physical condition. He got one but still he wasn’t allowed to work. He was told to just accept separation pay because he was too old land sickly so he filed a complaint for illegal dismissal. The company argues that when he reported he didn’t look alright so they told him to get a medical certificate but he said that he wanted to work and asked that he be assigned a different station. Permission from management still had to be obtained so either he accept separation pay or wait for further word. While they were waiting, he filed the case and while the case was pending he received a letter declaring him AWOL and asking him to explain his absence. He claims that this was just strategy of the corporation to counter his claim. The LA, NLRC and CA all dismissed his claims.


ISSUE: W/N Suan was illegally dismissed.


HELD: The Sc ruled that there was not illegal dismissal. They said that the question of his illegal dismissal was a question of fact and that these cannot be entertained unless the findings of fact are not supported or are glaringly erroneous. Records show that his ailment was not to be taken lightly and lit normally took a year to recover but he reported back in only 6 months while looking sickly so decisions had to be made and while management was still thinking he filed the case so there was no dismissal. Since there was none he may either be reinstated without back wages or paid in lieu of reinstatement, separation pay at 1 month’s pay or ½ months pay per year of service which ever is higher, a fraction of 6 months being considered as 1 whole year pursuant to Art 294 of the Labor Code. An employer may terminate an employee found suffering from any disease land whose continued employment is prohibited by law or prejudicial to his health as well as to the health of his co-employees provided that he is paid separation pay of at least 1 month salary or ½ months salary for every year of service, which ever is greater, a fraction of at least 6 months being considered as 1 whole year.