Cebu Marine Beach Resort v. NLRC Facts: 1.

Cebu Marine Beach Resort was a just opened and were expecting guests coming all the way from Japan 2. In lieu with this, their probationary employees were told to attend a seminar discussing Japanese culture headed by one of the Petitioner. 3. During the seminar the lecturer got mad and scolded some of the employees. He even threw some things towards the employees. He also told the employees to leave the place and never to come back to work again. 4. The employees complied, but they later on filed a case against Cebu Marine Beach Resort for illegal dismissal. 5. The Labor Arbiter ruled in favor of the CMBR. NLRC reversed LAs decision. The petitioer filed with the SC. SC gave the case to the CA 6. CA ruled in favor of the employees. CMBR were directed to reinstate the employees and pay them backwages Issue: WON the employees were illegally dismissed? Held: Yes. But since of the strain in the relationship produced by this controversy, a more equitable disposition should be an award of separation pay plus back wages. It is a settled that while probationary employees do not enjoy permanent status, they are entitled to the constitutional protection of security of tenure. Their employment may only be terminated for just cause or when they fall to qualify as regular employees in accordance with reasonable standards made known to them by their employer at the time of engagement, and after due process. Mr. Sasaki clearly said to the employees to never return again There is no abandonment of work, because if there was abandonment of work, why would the employees file a case for illegal dismissal. The essence of probationary period of employment fundamentally lies in the purpose or objective sought to be attained by both the employer and the employee during said period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer, on the other hand, seeks to prove that he has the qualifications to meet the reasonable standards for permanent employment, which obviously were made known to him. Absent the grounds for termination of a probationary employee, he is entitled to continued employment even beyond the probationary period. Probationary employees who were unjustly dismissed are entitled to reinstatement and payment of full back wages from the time they were dismissed up to their actual reinstatement