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    LBC Express V Palco

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    Harvey Leo Romano
    1) Monica Palco worked for LBC Express-Vis, Inc. and was sexually harassed by her supervisor, making her feel unsafe at work. 2) Palco reported the harassment to management but they failed to act on her complaint immediately. 3) Due to the harassment and management's inaction, Palco resigned, claiming constructive dismissal. The court ruled in her favor, finding LBC liable because the work environment became hostile through harassment and management did not protect her welfare.

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    LBC Express V Palco

    Uploaded by

    Harvey Leo Romano
    632 views1 page
    1) Monica Palco worked for LBC Express-Vis, Inc. and was sexually harassed by her supervisor, making her feel unsafe at work. 2) Palco reported the harassment to management but they failed to act on her complaint immediately. 3) Due to the harassment and management's inaction, Palco resigned, claiming constructive dismissal. The court ruled in her favor, finding LBC liable because the work environment became hostile through harassment and management did not protect her welfare.

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    labor law

    Original Title

    LBC Express v Palco

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    1) Monica Palco worked for LBC Express-Vis, Inc. and was sexually harassed by her supervisor, making her feel unsafe at work. 2) Palco reported the harassment to management but they failed to act on her complaint immediately. 3) Due to the harassment and management's inaction, Palco resigned, claiming constructive dismissal. The court ruled in her favor, finding LBC liable because the work environment became hostile through harassment and management did not protect her welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    632 views1 page

    LBC Express V Palco

    Uploaded by

    Harvey Leo Romano
    1) Monica Palco worked for LBC Express-Vis, Inc. and was sexually harassed by her supervisor, making her feel unsafe at work. 2) Palco reported the harassment to management but they failed to act on her complaint immediately. 3) Due to the harassment and management's inaction, Palco resigned, claiming constructive dismissal. The court ruled in her favor, finding LBC liable because the work environment became hostile through harassment and management did not protect her welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LBC Express-Vis, Inc.

    v Monica Palco
    GR No. 217101
    February 12, 2020
    Third Division (Leonen, J.)

    Doctrine: Constructive dismissal occurs when employer has made an employee's working condition of
    environment harsh, hostile and unfavorable, such that the employee feels obliged to resign from his or
    her employment.

    FACTS: Monica C Palco started working for LBC Express-Vis, Inc. (LBC) as a customer associate in its
    Gaisanao Danao Branch (LBC Danao)

    While employed at LBC, Palco had initially noticed that the Branch's Team Leader and Officer-in-charge,
    Arturo A. Batucan would often flirt with her, which made her uncomfortable. Later, Batucan started
    sexually harassing her.

    Palco reported the incident to the LBC Head Office. Sensing that management did not immediately act
    on her complaint, Palco resigned. She asserted that she was forced to quit since she no longer felt safe
    at work.

    ISSUE: Whether or not LBC should be held liable for constructive dismissal?

    HELD: YES. Constructive dismissal occurs when employer has made an employee's working condition of
    environment harsh, hostile and unfavorable, such that the employee feels obliged to resign from his or
    her employment.

    One of the ways by which a hostile or offensive work environment is created is through the sexual
    harassment of the employee. This occurs when a supervisor, agent of an employer, or any other person
    who has authority over another in a work environment, imposes sexual favors on another. In this case, it
    is clear that Batucan's acts were sexually suggestive. He held Palco's hand, put his hand on her lap and
    shoulder, and attempted to kiss her.

    Even LBC had no participation in the sexual harassment, it had been informed of the incident. Despite
    this, it failed to take immediate action on Palco's complaint. LBC's delay in acting on the case showed its
    insensibility, indifference, and disregard for its employees' security and welfare. Indifference to
    complaints of sexual harassment victims may no longer be tolerated.

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