This case has been cited 1 times or more.
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2015-12-07 |
PERALTA, J. |
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| The failure to firmly establish that respondents were actually notified or informed that they were being ordered to report back for duty is fatal to petitioner's cause. Without proof that respondents were aware of their new assignments or were being ordered to report back for duty, it cannot be said that the employee failed to report for work. There is, therefore, no showing of any overt act of the respondents that would point to an intention to abandon their work. On the contrary, since respondents almost immediately filed a complaint for illegal dismissal after they were relieved from duty, there is a clear indication that they had the desire to continue with their employment. As held in Fernandez v. New field Staff Solutions, Inc.,[10] to wit:x x x Employees who take steps to protest their dismissal cannot logically be said to have abandoned their work. A charge of abandonment is totally inconsistent with the immediate filing of a complaint for illegal dismissal. The filing thereof is proof enough of one's desire to return to work, thus negating any suggestion of abandonment.[11] | |||||