Maula vs. Xymex Delivery Express
Maula vs. Xymex Delivery Express
Maula vs. Xymex Delivery Express
He filed a case anew with the but the aggravated character and not merely trivial or
respondents never appeared. The NCMB, the unimportant. Thus, for misconduct or improper
mediator decided that the case be brought to the behavior to be a just cause for dismissal, (a) it
NLRC for arbitration. Thus, he withdrew his must be serious; (b) it must relate to the
complaint. He was able to re-file his complaint with performance of the employee's duties; and (c) it
the Arbitration Branch of the NLRC. Efforts were must show that the employee has become unfit to
exerted by the Labor Arbiter to encourage the continue working for the employer.
The LA ruled for petitioner. On appeal, the language uttered by petitioner to the HR Manager
NLRC affirmed in toto the LA's decision should be viewed with reasonable leniency in light
of the fact that it was committed under an
Respondent elevated the case to the CA, emotionally charged state. We agree with the
which reversed and set aside the Resolution and labor arbiter and the NLRC that the on-the-spur-of-
Decision of the NLRC. The appellate court held: the-moment outburst of petitioner, he having
reached his breaking point, was due to what he
perceived as successive retaliatory and
orchestrated actions of respondent.
ISSUE: Whether the CA correctly reversed the
decision of the LA and NLRC and whether the
dismissal is within the bounds of law.
. This Court finds the penalty of dismissal
too harsh. Not every case of insubordination or
willful disobedience by an employee reasonably
deserves the penalty of dismissal because the
penalty to be imposed on an erring employee must
be commensurate with the gravity of his or her
offense.32 Petitioner's termination from
employment is also inappropriate considering that
he had been with respondent company for seven
(7) years and he had no previous derogatory
record. It is settled that notwithstanding the
existence of a just cause, dismissal should not be
imposed, as it is too severe a penalty, if the
employee had been employed for a considerable
length of time in the service of his or her employer,
and such employment is untainted by any kind of
dishonesty and irregularity.