Professional Documents
Culture Documents
The evidence on record shows that Leviste briefed respondent on the staff The rules on probationary employment should not be used to exculpate a
assessments and petitioner’s decision not to regularize his employment probationary employee who acts in a manner contrary to basic knowledge
upon the expiry of the probationary period, including the basis of said and common sense, in regard to which there is no need to spell out a
decision. Respondent was even allowed to confer with and appeal to Foster policy or standard to be met. (Aberdeen Court, Inc. vs. Agustin, Jr., 456
for him to be extended regular employment, but Foster found no merit in SCRA 32 [2005])
his plea.
Even probationary employees could only be terminated for a pertinent and
just cause, such as when he fails to qualify as a regular employee in
DECISION. accordance with reasonable standards of employment made known to him
Petition granted. CA decision reversed. LA and NLRC decision affirmed. by his employer at the time of his engagement. (Athenna International
Manpower Services, Inc. vs. Villanos, 456 SCRA 313 [2005])
NOTES.
Doctrines cited by the court:
Where an employee hired on probationary basis was not informed of the
standards that would qualify her as a regular employee, she was deemed
the probationary employment of an employee may be terminated when he to have been hired from day one as a regular employee. (Clarion Printing
fails to qualify as regular employee in accordance with reasonable House, Inc. vs. National Labor Relations Commission, 461 SCRA 272
standards made known to him by his employer at the time of employment [2005])
and after due process (Secon Philippines v. NLRC)