Friday, May 22, 2009

STA CATALINA COLLEGE V. NLRC (LABOR)


FACTS: Hilaria was hired as an elementary teacher in petitioner school in 1955 until 1970. In 1970, she applied for and was granted 1 year leave of absence without pay on account of her mother's illness. In the meantime, she was employed as a teacher in another school. In 1982, she applied anew at petitioner school. When she reached the compulsory retirement age of 65, petitioner school pegged her retirement benefits only from her service from 1982 to 1997. Hilaria then files a complaint for non-payment of retirement benefits.

HELD: HILARIA ABANDONED HER WORK, for which reason, she could not be credited for her services from 1955 to 1970 in determining her retirements benefits for after 1 year of leave of absence in 1971 without her requesting for extension thereof as in fact she had not been heard from until she resurfaces in 1982 when she reapplied, she abandoned her teaching position as in fact she was employed elsewhere and effectively relinquished the retirement benefits that accumulated during said period.

ABANDONMENT OF WORK being a just cause for terminating the services of Hilaria, petitioner school was under no obligation to serve a written notice to her.

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