Dear Atty. Maan,

I was hired as a probationary teacher at a private school. After about four months, I was informed that I supposedly failed to meet the hospital’s standards and was dismissed immediately. I was never given a written evaluation, and my supervisors previously told me I was performing well. I later found out that my “unsatisfactory” report was made after my termination. Can I file a case for illegal dismissal even though I’m a probationary employee?

Aiza

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Dear Aiza,

Yes, you can file a case for illegal dismissal even if you are a probationary employee. In the recently decided case of C.P. Reyes Hospital v. Barbosa (G.R. No. 228357, 16 April 2024), penned by Justice Antonio Kho Jr., the Supreme Court held that illegally dismissed Probationary employees are entitled to full backwages from the time pay was withheld up to the actual reinstatement, or until the finality of the case and not merely for the remaining portion of your probationary period.

In its decision, the Supreme Court emphasized that a probationary employee may be terminated only for just or authorized causes under the Labor Code, or for failure to qualify as a regular employee based on reasonable standards made known to the employee at the time of hiring.

Since Barbosa had met the hospital’s standards and the negative evaluation report was only fabricated after her termination, her dismissal had no factual or legal basis.

Thus, the Court declared her dismissal illegal. Significantly, the Court took the opportunity to clarify conflicting jurisprudence regarding the computation of backwages for illegally dismissed probationary employees.

It held that backwages should not be limited to the unexpired portion of the probationary period, but should instead cover the entire period from the time compensation was withheld until reinstatement, or until the decision becomes final if reinstatement is no longer possible.

The Court reasoned that neither the Constitution nor the Labor Code makes any distinction between probationary and regular employees when it comes to the right to security of tenure and protection against illegal dismissal.

The Court also explained that the mere lapse of the probationary period does not automatically sever the employment relationship unless the employer can validly prove that the employee failed to meet reasonable, pre-communicated standards

Without such valid grounds, the employee is considered entitled to continue working even beyond the probationary term. From the foregoing, yes you may file a case for illegal dismissal even you’re still on probationary employment.

Hope this helps.

Atty. Mary Antonnette Baudi