Meanwhile, a trial took place before the Labor Arbiter; Ms.

Y testified that the

Atty. X had given her checks which were not acknowledge by the bank and
thereafter dismissed her from work without proper notice and due reason. Atty. X
failed to present evidence that would contradict Ms. Y testimony and prove that the
latter was not illegally dismissed from work. Hence, the labor arbiter held that Ms.
Y was illegally dismissed from work by the petitioner, Atty. X. She then filed an
appeal before the National Labor Relations Commission. NLRC affirmed the
decision of the Labor Arbiter that the respondent Ms. Y was illegally dismissed
from work.
Article 282 of the Labor Code considers any of the following acts or omission on
the part of the employee as just cause or ground for terminating employment:
(a) Serious misconduct or willful disobedience by the employee of the lawful
orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representatives; and
(e) Other causes analogous to the foregoing.
The petitioner failed to establish that any of the grounds above stated were
committed by Ms. Y. it is also well established that the petitioner failed to notify the
private respondent with a written notice regarding the dismissal in accordance
with Art. 285 of the Labor Code of thePhilippines which states that:
Art. 285. Termination by employee.
1. An employee may terminate without just cause the employee-
employer relationship by serving a written notice on the employer at
least one (1) month in advance. The employer upon whom no such
notice was served may hold the employee liable for damages.

In Lim v. National Labor Relations Commission, the Court considered inefficiency
as an analogous just cause for termination of employment under Article 282 of the
Labor Code:
We cannot but agree with PEPSI that gross inefficiency falls within the purview
of other causes analogous to the foregoing, this constitutes, therefore, just cause
to terminate an employee under Article 282 of the Labor Code. One is analogous to
another if it is susceptible of comparison with the latter either in general or in some
specific detail; or has a close relationship with the latter. Gross inefficiency is
closely related to gross neglect, for both involve specific acts of omission on the
part of the employee resulting in damage to the employer or to his business. In
Buiser vs. Leogardo, this Court ruled that failure to observed prescribed standards
to inefficiency may constitute just cause for dismissal.
It is therefore evident that the Petitioner is in violation of Art. 282 and 285 of the
Labor code and is deemed liable for damages caused to the private respondent.
Petitioner is hereby ordered to pay the sum of _____ for the compensation of Ms. Y
from the date of illegal dismissal up to the filing of the complaint, Filing Fees, and
cost of suit.

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