Fighting on Company Premises: A Valid Ground for Employee Dismissal

Celia A. Flores vs. National Labor Relations Commission and Philippine Public School Teachers Association, G.R. No. 109362, May 15, 1996

Imagine a workplace dispute escalating into a physical altercation. Can an employer legally terminate the employees involved? The Philippine Supreme Court, in the case of Celia A. Flores vs. National Labor Relations Commission and Philippine Public School Teachers Association, addressed this very issue, providing clarity on the grounds for employee dismissal due to misconduct, particularly fighting within company premises. This case serves as a crucial reminder for both employers and employees about maintaining professional conduct in the workplace.

Celia Flores, a long-time employee of the Philippine Public School Teachers Association (PPSTA), was dismissed after engaging in a brawl with a colleague on company property. She contested her dismissal, claiming it was illegal and motivated by her union activities. The Supreme Court ultimately upheld the dismissal, emphasizing that fighting within company premises constitutes serious misconduct and a valid ground for termination.

Understanding Just Cause for Employee Dismissal in the Philippines

Philippine labor law protects employees from arbitrary dismissal. However, employers have the right to terminate employment for just cause. Article 297 of the Labor Code of the Philippines (formerly Article 282) outlines these just causes, including:

• Serious misconduct
• Willful disobedience or insubordination
• Gross and habitual neglect of duties
• Fraud or willful breach of trust
• Commission of a crime or offense against the employer, his family member(s) or duly authorized representative
• Other causes analogous to the foregoing

Misconduct, in the context of labor law, refers to improper or wrong conduct. To be considered a just cause for dismissal, the misconduct must be serious in nature. This means it must be of such grave and aggravated character as to endanger the interests of the employer. The Supreme Court has consistently held that fighting within company premises falls under the umbrella of serious misconduct.

For example, if an employee is caught stealing company property, this would be grounds for dismissal as this is a crime or offense against the employer. Similarly, if an employee consistently refuses to follow lawful instructions from their supervisor, this could be considered insubordination and grounds for dismissal.

The Flores v. PPSTA Case: A Detailed Look

The case of Celia Flores provides a clear example of how the principles of just cause are applied in practice. Here’s a breakdown of the key events:

• The Brawl: Celia Flores engaged in a physical altercation with a colleague, Lamberto Jamlang, on the PPSTA premises.
• Past Misconduct: PPSTA also considered Flores’ prior disciplinary issues, including tardiness, absenteeism, insubordination, and a previous suspension.
• Dismissal: Based on the brawl and her history of misconduct, PPSTA terminated Flores’ employment.
• Labor Arbiter’s Decision: The Labor Arbiter initially ruled the dismissal illegal, but this was later overturned.
• NLRC’s Decision: The National Labor Relations Commission (NLRC) reversed the Labor Arbiter’s decision, finding the dismissal valid. However, they awarded Flores separation pay.
• Supreme Court’s Decision: The Supreme Court upheld the NLRC’s decision, emphasizing that the fight within company premises constituted serious misconduct.

The Supreme Court quoted:

“The fight in this case, which was staged in full view of other employees and visitors, disturbed work in the office and justified the finding that the antagonists were guilty of serious misconduct, thus negating petitioner’s claim that she was dismissed because of union activities.”

The court further stated:

“What is important is that petitioner engaged Jamlang in a fight in the work premises. We have already held in a number of cases that fighting within company premises is a valid ground for dismissing an employee.”

Practical Implications for Employers and Employees

This case reinforces the importance of maintaining order and discipline in the workplace. Employers have the right to expect professional conduct from their employees, and engaging in physical altercations can have serious consequences. Employees need to understand their rights, but should also adhere to company policies and regulations.

Key Lessons:

• Zero Tolerance for Violence: Establish a clear policy against violence and fighting in the workplace.
• Document Everything: Maintain thorough records of employee misconduct and disciplinary actions.
• Due Process: Ensure employees are given a fair opportunity to explain their side of the story before any disciplinary action is taken.
• Consistency: Apply disciplinary measures consistently across all employees to avoid claims of discrimination.

Let’s say an employee, John, gets into a heated argument with his colleague, Sarah, during lunch break in the company cafeteria. The argument escalates, and John punches Sarah. Other employees witness the incident. Based on the Flores ruling, John’s employer would likely have grounds to terminate his employment for serious misconduct, especially if the company has a clear policy against workplace violence.

Frequently Asked Questions (FAQs)

Q: Can I be dismissed for a minor argument with a coworker?

A: Not necessarily. The misconduct must be serious. A minor disagreement, without physical violence or significant disruption, may not be sufficient grounds for dismissal.

Q: What if I was provoked into a fight?

A: While provocation might be a mitigating factor, engaging in a physical fight on company premises can still be grounds for dismissal. It is always best to remove yourself from the situation and report the issue to HR.

Q: Does my past work performance matter in a dismissal case?

A: Yes, your employment history can be considered. A history of good performance might be a mitigating factor, while a history of misconduct could strengthen the employer’s case.

Q: What is separation pay, and am I entitled to it if I’m dismissed for misconduct?

A: Separation pay is a monetary benefit given to employees upon termination of employment. Generally, you are not entitled to separation pay if dismissed for just cause. However, in the Flores case, the NLRC awarded separation pay, which the Supreme Court did not review because the employer didn’t question it.

Q: What should I do if I believe I was unfairly dismissed?

A: Consult with a labor lawyer immediately to assess your options and file a case with the NLRC if necessary.

ASG Law specializes in labor law and employment disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.