Dear Atty. Joji,

My brother told me that he has been consistently subjected to demeaning language and insults by his manager at work. He tried to address the issue and reported the same to the company’s HR officer but still the behavior continues. One day, after a heated exchange, the manager told him, “Wala ka nang ginawang tama, umalis ka na lang, hindi ka kailangan dito” before dismissing him from her position without prior warning. Can a case be filed against his employer?

Pia

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Dear Pia,

In the recently decided case of Bartolome v Toyota Quezon Avenue, Inc., et al. 3 April 2024 the Honorable Supreme Court ruled, to wit:

“It is settled that acts of disdain and hostile behavior such as demotion, uttering insulting words, asking for resignation, and apathetic conduct toward an employee constitute constructive illegal dismissal whenever by reason thereof, one’s employment becomes so unbearable he or she is left with no choice except to resign. The Court has held that the standard for constructive dismissal is “whether a reasonable person in the employee’s position would have felt compelled to give up [their] employment under the circumstances.”

Notably, the unreasonably harsh conditions which compel resignation on the part of an employee must be way beyond the occasional discomforts brought about by the misunderstandings between the employer and employee. Strong words may sometimes be exchanged as the employers describe their expectations or as the employees narrate the conditions of their work environment and the obstacles they encounter as they accomplish their assigned tasks. As in every human relationship, there are bound to be disagreements.

However, when these strong words from the employer happen without palpable reason or are expressed only for the purpose of degrading the dignity of the employee, then a hostile work environment will be created. In a sense, the doctrine of constructive dismissal has been the Court’s consistent vehicle to assert the dignity of labor.”

In the said case, the Supreme Court ruled in favor of Bartolome (the Complainant). It emphasized that actions demonstrating extreme dislike and hostile behavior, such as demotion, uttering insulting words, and apathetic behavior toward an employee, constitute constructive illegal dismissal when such actions cause the employment conditions to be so unbearable that there is no other choice but to resign.

The Court held that the standard for constructive dismissal is whether a reasonable person in the employee’s position would have felt forced to give up their employment under the circumstances. While the Court said that strong words may be exchanged in the workplace where there are bound to be disagreements, these should not degrade the dignity of employees to avoid a hostile work environment.

Hope this helps.

Atty. Joji Alonso