The Supreme Court ruled that absence from work by itself is not enough to prove job abandonment or justify dismissal from employment.
The High Court issued the decision on June 26 in a case involving production utility worker Alvin Carpio. The ruling stated that employers must prove both unauthorized absence and a clear intent by the employee to end the employment relationship.
Associate Justice Maria Filomena Singh wrote the Third Division decision. It said that mere absence does not show abandonment and that the company's policy of dismissal after five unexplained absences was disproportionate.
The court ordered Carpio's reinstatement without back wages. Associate Justice Japar Dimaampao dissented, arguing that the dismissal was justified due to willful disobedience.
