Dear Atty. Vlad,

I have been suffering from bad mental illness and been having episodes of depression. I think this personal issue has gotten into my work as there are days I cannot perform my duties as good as before. Because of my mental condition, our HR manager called and I was told that my performance has deteriorated for months and I could be dismissed for my mental health disease. Is this a valid cause for dismissal?

Georgina

Dear Georgina,

In the case of Marlo A. Deoferio vs. Intel Technology Philippines Inc. and/or Mike Wnetling, G.R. 202996, 18 June 2014, the Supreme Court explained when and how termination of an employment due to disease, may be implemented, to wit:

The present case involves termination due to disease — an authorized cause for dismissal under Article 284 of the Labor Code. As substantive requirements, the Labor Code and its IRR require the presence of the following elements:

(1) An employer has been found to be suffering from any disease. (2) His continued employment is prohibited by law or prejudicial to his health, as well as to the health of his co-employees. (3) A competent public health authority certifies that the disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment.

With respect to the first and second elements, the Court liberally construed the phrase "prejudicial to his health as well as to the health of his co-employees" to mean "prejudicial to his health or to the health of his co-employees." We did not limit the scope of this phrase to contagious diseases for the reason that this phrase is preceded by the phrase "any disease" under Article 284 of the Labor Code, to wit:

Art. 284. Disease as ground for termination. — An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year. (underscores, italics and emphases ours)