Chiang Kai Shek College v CA (2004) Davide, Jr. Ms.

Belo (Respondent) was constructively dismissed Chiang Kai Shek College (Petitioner) due to her leave of absence for SY 92-93 because her children of tender age had no yaya to take care of them. She was denied of privileges and was not given a teaching load. She filed a complaint for illegal dismissal, non payment of salaries & benefits, & moral damages. The Labor Arbiter denied but NLRC & CA ruled in her favor. SC affirmed. It held that she was constructively dismissed when new policies were applied retroactively. Ms. Belo was definitely singled out in the implementation of a future policy. This is grossly unfair and unjust. (Case law defines constructive dismissal as a cessation from work because continued employment is rendered impossible, unreasonable, or unlikely; when there is a demotion in rank or a diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee.) It is enshrined in our labor laws the principle that policies should be adequately known to the employees and uniformly implemented to the body of employees as a whole and not in isolation.