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FACTS:
LA Decision: The petitioner was illegally dismissed because she was not afforded the
notice in writing informing her of what the Bank would like to bring out to her for the
latter to answer in writing.
CA Decision: The CA found that the petitioner was not entitled to backwages because
she was rightfully dismissed for failure to meet the employment standards.
ISSUE:
Whether the petitioner can be considered a regular employee at the time of her
dismissal.
HELD:
No. Carvajals appointment letter reads that Possible extension of this contract will
depend on the job requirements of the Bank and your overall performance.
Performance review will be conducted before possible renewal can take effect.
Therefore, petitioner knew, at the time of her engagement, that she must comply with
the standards set forth by respondent and perform satisfactorily in order to attain
regular status. Even the NLRC upheld the petitoners probationary status, stating that
reinstatement is not synonymous to regularization.
In addition to the abovementioned, it has been previously held in PDI vs. Magtibay, Jr.,
that the second requirement under Article 281 does not require notice and hearing. Due
process of law for this second ground consists of making the reasonable standards
expected of the employee during his probationary period known to him at the time of his
engagement. By the very nature of probationary employment, the employee knows from
the very start that he will be under close observation and continuous scrutiny by his
supervisors. If termination is for cause, it may be done at anytime during the
probation.