Supreme Court rules absence alone does not prove job abandonment

The Supreme Court ruled that absence from work alone cannot justify dismissal for abandonment. The decision, made public on Friday, June 26, requires employers to show both prolonged absence without valid reason and a clear intent by the employee to sever the employment relationship.

The case involved production utility worker Alvin Carpio, who had been transferred from Green Era Biotech Corp. to manpower agency Great Value Management and Services Corporation. Carpio was absent for eight consecutive days due to illness, then later for nine more days, prompting Great Value to issue an absence-without-leave notice and bar him from returning.

Lower courts upheld dismissal A Labor Arbiter dismissed Carpio’s illegal-dismissal complaint. The National Labor Relations Commission and the Court of Appeals both affirmed that ruling. The Supreme Court reversed those decisions, finding no evidence that Carpio intended to abandon his job. It noted he attempted to return to work and immediately challenged his removal.

Policy penalty ruled disproportionate The court also held that Great Value’s policy allowing dismissal after five unexplained absences was disproportionate to the offense and could not justify termination. The Supreme Court ordered Carpio’s reinstatement but denied back wages, citing the company’s good-faith belief that the absences warranted discipline.

If reinstatement proves impossible, the company may provide separation pay instead.