TERMINATION OF PROBATIONARY EMPLOYEE: REFUSAL TO ATTEND VALUES FORMATION SEMINAR

Interestingly, the Supreme Court, in one recent case, found that refusal to attend the company’s (employer) “Values Formation Seminar” was a sufficient basis to terminate a probationary employee.

The pertinent discussions as embodied in the Decision are quoted as follows:

Dalangin overlooks the fact, wittingly or unwittingly, that he offered glimpses of his own behavior and actuations during his four-week stay with the company; he betrayed his negative attitude and regard for the company, his co-employees and his work.

Dalangin admitted in compulsory arbitration that the proximate cause for his dismissal was his refusal to attend the company’s “Values Formation Seminar” scheduled for October 27, 2001, a Saturday. He refused to attend the seminar after he learned that it had no relation to his duties, as he claimed, and that he had to leave at 2:00 p.m. because he wanted to be with his family in the province.  When Abad insisted that he attend the seminar to encourage his co-employees to attend, he stood pat on not attending, arguing that marked differences exist between their positions and duties, and insinuating that he did not want to join the other employees. He also questioned the scheduled 2:00 p.m. seminars on Saturdays as they were not supposed to be doing a company activity beyond 2:00 p.m. He considers 2:00 p.m. as the close of working hours on Saturdays; thus, holding them beyond 2:00 p.m. would be in violation of the law.

The “Values Formation Seminar” incident is an eye-opener on the kind of person and employee Dalangin was. His refusal to attend the seminar brings into focus and validates what was wrong with him, as Abad narrated in her affidavit[36] and as reflected in the termination of employment memorandum.[37] It highlights his lack of interest in familiarizing himself  with the company’s objectives and policies. Significantly, the seminar involved acquainting and updating the employees with the company’s policies and objectives.  Had he attended the seminar, Dalangin could have broadened his awareness of the company’s policies, in addition to Abad’s briefing him about the company’s policies on punctuality and attendance, and the procedures to be followed in handling the clients’ applications. No wonder the company charged him with obstinacy.

The incident also reveals Dalangin’s lack of interest in establishing good working relationship with his co-employees, especially the rank and file; he did not want to join them because of his view that the seminar was not relevant to his position and duties. It also betrays an arrogant and condescending attitude on his part towards his co-employees, and a lack of support for the company objective that company managers be examples to the rank and file employees. xxx

xxx We, therefore, disagree with the CA that the company could not have fully determined Dalangin’s performance barely one month into his employment. As we said in International Catholic Migration Commission, the probationary term or period denotes its purpose but not its length.  To our mind, four weeks was enough for the company to assess Dalangin’s fitness for the job and he was found wanting. In separating Dalangin from the service before the situation got worse, we find the company not liable for illegal dismissal.xxx

(Canadian Opportunities Unlimited, Inc. vs. Bart Q. Dalangin, Jr., G.R. No. 172223. February 6, 2012)