C.P. REYES HOSPITAL AND ANGELINE M. REYES, VS. GERALDINE M. BARBOSA.

Ruling

accordingly, declared respondent Geraldine M. Barbosa (Barbosa) to have been illegally dismissed by C.P. Reyes Hospital. In turn, the NLRC reversed the Decision 6 of the Labor Arbiter (LA) dated June 24, 2014 in NLRC NCR Case No. RAB IV-01-00097-14-B, which found Barbosa to have been illegally dismissed. The Facts On January 22, 2014, Barbosa filed a Complaint 7 for illegal dismissal against C.P. Reyes Hospital et al., praying for reinstatement with full backwages and the award of moral and exemplary damages, as well as attorney's fees. In her Position Paper, 8 Barbosa alleged that she applied for the position of Training Supervisor with C.P. Reyes Hospital. In September 2013, she was instructed to sign a probationary employment contract 9 for a period of six months, from September 4, 2013 to March 4, 2014. Under the contract, Barbosa would train as a Staff Nurse for the first two months; as Ward Head Nurse and Supervisor for the next two months; and finally, as Training Supervisor for the last two months. The contract required Barbosa to "get or maintain an average of a passing score equivalent to 80% (Satisfactory)." 10 The contract also provided that "[f]ailure to meet the reasonable standard set by this Hospital may warrant the penalty of termination of [Barbosa's] employment." 11 On October 25, 2013, Barbosa alleged that Human Resource Manager Reyes and Nursing Director Joel M. Lirio (Lirio) told her that she would not be made Training Supervisor because the Intensive Care Unit (ICU) Head Nurse had also applied for the position and was supposedly more qualified than her. 12 On November 27, 2013, Barbosa received a Notice to Explain 13 from Lirio directing her to explain why no disciplinary action should be taken against her for being absent without official leave (AWOL) on November 4, 7, and 8, 2013. On the same day, Reyes told Barbosa that she will not be made a regular employee. 14 In a Letter 15 dated November 28, 2013, Barbosa explained that she was able to notify the supervisor on duty regarding her November 4 absence, and that for the absences on November 7 and 8, she submitted a medical certificate, as well as the requisite leave forms. 16 On November 29, 2013, Barbosa received a Letter 17 from Reyes formally terminating her probationary employment. The Letter stated: MS. GERALDINE M. BARBOSA Staff Nurse Probationary As stated on your Probationary Contract, continuous employment shall ripen only upon showing of satisfactory performance during your training period. Unfortunately, the negative performance feedback received by this office due to attitude including the attendance records reflects [sic] that you have failed to meet the reasonable standards set by the Hospital. In this regard, please be informed that your probationary contract shall end on the stated date, without renewal or regularization. Contract Period: September 4, 2013 March 3, 2014 18 End Contract: December 30 2013 . . . . (signed) ANGELINE M. REYES HR Ma