[go: up one dir, main page]
Scribd
Upload
124 views2 pages

ST Luke's Medical Center Employees' Union-AFW Vs NLRC

Maribel Santos was hired as an X-ray technician by St. Luke's Medical Center (SLMC) in 1984. In 1992, a law was passed requiring radiology technicians to be licensed. SLMC notified Santos in 1995 and 1997 that she needed to obtain her license or she would be transferred or retired. SLMC issued further notices in 1998 stating that without a license, Santos' employment would be terminated. Santos was offered retirement in lieu of separation pay, which she refused, and her employment was terminated effective December 1998. Santos filed a complaint alleging illegal dismissal, which was denied by the NLRC and Supreme Court as her dismissal for failing to obtain the required license was deemed valid and legal.

Uploaded by

Ambra Kaye Ariola
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
124 views2 pages

ST Luke's Medical Center Employees' Union-AFW Vs NLRC

Maribel Santos was hired as an X-ray technician by St. Luke's Medical Center (SLMC) in 1984. In 1992, a law was passed requiring radiology technicians to be licensed. SLMC notified Santos in 1995 and 1997 that she needed to obtain her license or she would be transferred or retired. SLMC issued further notices in 1998 stating that without a license, Santos' employment would be terminated. Santos was offered retirement in lieu of separation pay, which she refused, and her employment was terminated effective December 1998. Santos filed a complaint alleging illegal dismissal, which was denied by the NLRC and Supreme Court as her dismissal for failing to obtain the required license was deemed valid and legal.

Uploaded by

Ambra Kaye Ariola
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Caption:

Title of the case: St Luke’s Medical Center Employees’ Union-AFW vs NLRC


Citation: G.R. No. 162053
Date Promulgated: March 7, 2007
Respondents: National Labor Relations Commission (NLRC) and St. Luke’s Medical Center
Inc.
Petitioners: St. Luke’s Medical Center Employee’s Association-AFW (SLMCEA-AFW) and
Maribel S. Santos
Ponente: Justice Adolfo S. Azcuna

Facts:

On October 13, 1984, Maribel S. Santos, petitioner, was hired X-Ray Technician in the
Radiology department of private respondent St. Luke’s Medical Center, Inc. (SLMC).

On April 22, 1992, Republic Act No. 7431 or the “Radiologic Technology Act of 1992” was
passe by Congress. The mentioned law requires that no person shall practice or offer to practice
as a radiology and/or x-ray technologist in the Philippines without having obtained the proper
certificate of registration from the Board of Radiologic Technology.

On September 12, 1995, the Assistant Executive Director-Ancillary Services and HR Director of
SLMC, issued a final notice to all practitioners of Radiologic Technology to comply with the
requirement of R.A. No. 7431 by December 31, 1995. Failure of compliance would result to
transfer of the unlicensed employee to an area where license to practice is available.

On March 4, 1997, the Director of the Institute of Radiology issued a final notice to the
respondent, requiring her of complying and passing the examination. Otherwise, SLMC may be
compelled to retire her from employment should there be no other position available where she
may be absorbed.

On May 14, 1997, the Director of the Institute of Radiology, AED-Division of Ancillary
Services sent a memorandum to petitioner issuing that she must submit her PRC registration
form or examination permit. Following, on March 13, 1998, the Director issued another
memorandum to respondent which states that only a license would guarantee her continued
employment.

On November 23, 1998, the Director issued a notice to the petitioner which states that the SLMC
has approved the petitioner’s retirement in lieu of separation pay. Subsequently, on November
26, 1998, the Personnel manager issued a “Notice from the Company” effective on December
30, 1998 in view of the petitioner’s refusal to accept the respondent’s offer for early retirement.
The same notice was issued to the petitioner on January 6, 1999.

On March 2, 1999, petitioner Maribel S. Santos filed a complaint against private respondent
SLMC for illegal dismissal and non-payment of salaries, allowances and other monetary
benefits, including the award of moral and exemplary damages plus attorney’s fees.

Issue(s):

Whether or not the petitioner Santos was illegally dismissed by private respondent SLMC on the
basis of her inability to secure a certificate of registration from the Board of Radiologic
Technology.

Ruling:

The Court affirmed the decision of the NLRC and the Labor Arbiter in finding that the petitioner
was validly and legally terminated in accordance with Republic Act Nos. 4226 and 7431. Hence,
the petitioner was legally dismissed by the private respondent. The petition is denied for lack of
merit.

You might also like