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[G.R. No. 148897.September 5, 2001]
SHOPPES MANILA, INC. et al. vs. BAUTISTA
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated SEPT 5 2001.
G.R. No.(Shoppes Manila, Inc., et al. vs. Elsie Bautista.)
Respondent Elsie Bautista was employed as sales clerk by petitioner Shoppes Manila, Inc. (Shoppes), a corporation engaged in selling garments at boutique shops, on March 27, 1995 at P120.00 a day.
Complaints were soon made against respondent by her co-workers alleging that she was unhelpful and rude the customers, disrespectful and disobedient to her supervisor, and unreceptive to advice and pointers for improvement; that she shouts at her fellow sales clerks and even her supervisor; and that she indulges in gossip against her employer.
Eventually, respondent was dismissed.
She, therefore, filed a complaint filed against herein petitioners, Shoppes and its officials, claiming that her dismissal was illegal and praying that she be paid her wage differentials, overtime pay, 13th month pay, and service incentive leave pay.
On December 28, 1998, the Labor Arbiter rendered a decision dismissing for lack of merit respondent's complaint for illegal dismissal and overtime pay.However, he ordered petitioners to pay respondent wage differentials, 13th month pay, and service incentive leave pay in the total amount of P27,221.72.
On appeal, the National Labor Relations Commission (NLRC) held respondent's dismissal to be illegal and ordered her reinstatement with full backwages and the payment to her of P8,548.00 in overtime pay differentials.It affirmed the Labor Arbiter's award of wage differentials, 13th month pay, and service incentive leave pay to respondent.
Petitioners then filed a petition for certiorari to the Court of Appeals, but the latter found the petition without merit and denied the same.The Court also denied petitioner's motion for reconsideration.Hence this petition.
First.Petitioners contend that the Court of Appeals erred in proving that respondent's separation was for just causes, i.e., serious misconduct and insubordination.
After a careful evaluation of petitioners' argument, the Court finds no cogent reason to disturb the findings of the NLRC which have been affirmed by the Court of Appeals.Petitioners' contention that respondent was rude and unhelpful to customers, insubordinate, temperamental, and had spread rumors against her employer do not rise above the level of mere allegations.Indeed, it appears that in the proceedings before the Labor Arbiter, petitioners did not even submit the sworn statements of respondent's co-employees who were supposed to have made these charges against her.Petitioners' claim that they had in fact also suspended respondent for these infractions on July 1-7, 1996 only for her to repeat the same is belied by their admission that they had assigned respondent to their boutique in Robinson's Galleria for that period.
Second.Petitioners contend that the Court of Appeals erred in ruling that they failed to comply with the twin-notice rule when they dismissed respondent.They argue that they had in fact sent a notice requiring respondent to explain within 48 hours why she should not be dismissed, but as the latter refused to receive the same, they had no choice except to serve a notice to terminate her,which notice she also refused to receive.
The contention has no merit.As pointed out by the Court of Appeals, the affidavit of one Ramil Pardinas attesting to the service of the first notice requiring respondent to show cause why she should not be dismissed is "too generalized, non-particular, and vague" to be given credence.Moreover, the issuance of the said notice on August 8, 1996 postdates the notice of termination which was dated August 7, 1996.
WHEREFORE, the petition is DENIED for failure to show that the Court of Appeals committed any reversible error.
Very truly yours,
(Sgd.) TOMASITA B. MAGAY-DRIS
Clerk of Court
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