FACTS: ATCI and the Ministry of Public Health of Kuwait entered into an agreement. ATCI would recruit medical professionals for the latter. Respondents were hired for the Ministry. They underwent physical and medical exams in a POEA accredited clinic and were declared fit. In Kuwait, they were subjected another examination and after 2 months they were dismissed for being physically unfit for their jobs and were repatriated so they filed a complaint in the POEA for illegal dismissal alleging that they weren’t given by their foreign employer copies the results of their medical exam and written notice of termination. ATCI claims that the Minister has the right to dismiss them because they were found to be physically unfit to work. It appears on record that they were just not allowed to work anymore. There was no notice nor was there any opportunity given to allow them to defend themselves. The POEA ruled that there was illegal dismissal. The NLRC they may use all reasonable means to ascertain facts and they cannot simply disregard the certification of the Ministry of Health of Kuwait, however this was only presented in the appeal to the NLRC. The CA reversed the NLRC. ATCI claims that respondents were merely probationary dismissed for failure to qualify since they were physically unfit.
ISSUE: W/N there was illegal dismissal.
HELD: The SC ruled that there was illegal dismissal. There was no proof that they were probationary. Being regular employees, the dismissal must meet the requirements of Art 284 of the labor code. An employee may be terminated if found to be suffering from a disease and the continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees but the dismissal may not be summarily carried out. The employer must meet certain prerequisites contained in Sec. 8 Rule 1 Book VI of the Omnibus Rules Implementing the Labor Code. There must be certification by a competent public health authority that the disease is of such nature or at such a stage that cannot be cured within the period of 6 months even with proper medical treatment. If the disease or ailment can be cured within the period, the employees can’t be terminated but must take a leave land he will be reinstated immediately upon the restoration of his normal health. The letter from the Ministry falls short of the demands of the Omnibus Rules. There is no finding that the disease is of such nature or at such a stage that it cannot be cured within a period of six months a with proper medical treatment. Also ATCI has not proven that the same was presented prior to the termination. Private employment or recruitment agencies are jointly and several liable with its principal ;the foreign based employer for all claims filed by recruited workers which may arise in connection with the service agreements or employment contracts.
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