Rodriguez vs Park N Ride Inc

G.R. No. 222980

March 20, 2017

Topic: Security of Tenure, Constructive dismissal

Facts: Rodriguez was an employee of the Javier spouses who were owners of several companies
including Park N Ride Inc. Rodriguez claimed that she was illegally dismissed and sought payment of
separation pay, full back wages, service incentive leave, 13th month pay and damages. She alleged
thatshe handled different positions in her employment including personnel and administrative matters
of the companies and likewise the household concerns of the Javier spouses. She further alleged that
the spouses treatment of her became unbearable that Estelita Javier was always unreasonable and hot-
headed and would belittle and embarrass her in the presence of co-workers. In one incident, Estelita
was mad at her berating her for opening the office late and told her that the company would manage
without her. This prompted Rogriguez to resign which the Javier spouses allegedly accepted.

The Javier spouses on the other hand contended that Rodriguez was allegedly emotionally
sensitive and prone to occasional tampo when she would be reprimanded for unaccomplished tasks.
She would then be absent after such reprimands and would eventually return after a few days. On
September 30, 2009, Rodriguez neither reported for work nor submitted any reply to the letter sent to
her regarding her unauthorized absence. The Labor Arbiter dismissed Rodriguezs complaint pointing
out the voluntariness of Rodriguezs resignation rather than the existence of a hostile and frustrating
working environment. But the Javier Spouses were ordered to pay her 13th month pay for 2009. The
NLRC at first reversed the LA decision but eventually reinstated the latters decision. The CA likewise
dismissed her appeal.

Issue: Was petitioner Rodriguez constructively dismissed?

Ruling: No Rodriguez was not constructively dismissed. The Court had held that the standard for
constructive dismissal is "whether a reasonable person in the employee's position would have felt
compelled to give up his employment under the circumstances." The unreasonably harsh conditions that
compel resignation on the part of an employee must be way beyond the occasional discomforts brought
about by the misunderstandings between the employer and employee. However, it is not the situation
in this case. Petitioner's unequivocal intent to relinquish her position was manifest when she submitted
her letters of resignation. The letters contained words of gratitude which could hardly come from an
employee forced to resign. What triggered her resignation was the incident when Estelita told her Kung
ayaw mo na ng ginagawa mo, we can manage!" These words, however, are not sufficient to make the
continued employment of petitioner impossible, unreasonable, or unlikely. On the other hand,
Rodriguez is entitled to service incentive leave since