Dear Atty. Kathy,

I am a probationary employee. On my 5th month of employment, I was happy to receive passing grades from the three officers who evaluated my performance, who also recommended my regularization. I was therefore surprised to receive a notice to explain, charging me with unauthorized absences for seven days, which the HR officer said is punishable with dismissal. I explained that I was only absent without leave (AWOL) for three days, of which I duly informed my manager, and the other four days, I was on approved sick leave. The HR officer said that the 3 days of AWOL is still punishable with dismissal, because I neglected my tasks on those days. Is this a valid ground to dismiss me?

Ian

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Dear Ian,

The termination of probationary employment must be for any of the following grounds: (1) just and authorized causes, or (2) failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement.

Based solely on your narration, you received passing grades for your probationary employment period, and was even recommended to be a regular employee, despite the three days of AWOL. It therefore appears that the said AWOL did not have a substantial impact on your work, as would merit a finding that you neglected your tasks, and will justify the ultimate penalty of dismissal. Thus, the penalty of dismissal would be too harsh and disproportionate to the 3 days of AWOL, which is not a valid ground to dismiss you.

(C.P. REYES HOSPITAL, et al. versus GERALDINE M. BARBOSA, G.R. 228357, 16 April 2024)

Atty. Kathy Larios