Belo beauty clinic chain told to pay sacked worker P3 million
The Court of Appeals building in Ermita, Manila —ca.judiciary.gov.ph
MANILA, Philippines — The Court of Appeals (CA) affirmed the ruling of the National Labor Relations Commission (NLRC) ordering the Belo Medical Group (BMG) to pay a former employee P3 million in back wages over her constructive dismissal.
In a 35-page decision, the CA’s Special Fourth Division agreed with the findings of the NLRC that Marie Angelie Macatual’s “unbearable condition and hostile environment left her with no choice but to resign.”
However, it absolved BMG president Victoria Belo of solidary liability and found only the company and Agnes Lopez, chief executive officer and general manager, liable for the employee’s dismissal.
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“It can be easily discerned that the series of unfair and hostile acts and charges of the petitioners have made the employment conditions of Macatual uncongenial and intolerable,” the CA said in a decision written by Associate Justice Eduardo Ramos Jr.
“The conclusion is all too clear that petitioners fostered a working environment that was hostile and inequitable that compelled Macatual to give up her employment, especially in light of the lumped-up charges against her which were either too trivial or already settled,” it added.
‘Guinea pig’
The petition for certiorari filed by BMG, Belo, and Lopez, stemmed from Macatual’s complaints of constructive dismissal, forced resignation, non-payment of salary, service incentive leave pay, 13th month pay, separation pay, moral and exemplary damages, and attorney’s fees.
Macatual alleged, among others, that she was subjected by Belo as a “guinea pig” of BMG’s new machine, that Belo gave conflicting instructions to her and her staff, and that Belo’s husband, Hayden Kho, usurped her authority as marketing management head.
The human resources head on June 6, 2019, issued a show-cause notice against the employee, charging her with fraudulent acts, willful breach of trust and confidence, disclosure of confidential information, conflict of interest, abuse of authority, and negligence/inefficiency.
Macatual argued that the notice raised various allegations which were contrived to make it appear that there was a just cause for her termination.
She resigned from her post nine days after, or on June 17, 2019, and filed the constructive dismissal complaint against the petitioners a month later.
