- Category: Government , Life , Profession , World
- Topic: Economy , Work
In the case of La Salette of Santiago, Inc vs. NLRC and Clarita Javier, a decision was made regarding the employment status of the respondent, Clarita Javier. After serving in various administrative positions for a period not exceeding three years, Javier served as a full-time instructor for seven years at La Salette College. Although she served as Head of the Department of Education and Liberal Arts for two years and later as Assistant Principal of La Salette of Santiago's high school department while working part-time as an instructor, she remained in a non-permanent capacity. The Labor Code's Paragraph 75 of the 1970 Manual (now Section 93 of the 1992 Manual) specifies the qualifications required for a teacher to attain permanent status and security of tenure, which Javier did not meet for her administrative positions. Therefore, there was no reason for her to assume she would be granted security of tenure.
The question is whether Javier also won the permanent position or the position of high school principal in La Salette, Inc.'s educational system. The answer is negative as professors are appointed as department heads or administrative officers and generally do not expect or should expect to obtain further permanent status or term protection beyond their current position. The fact that Javier worked continuously as a teacher in the La Salette school system does not guarantee permanent status in an administrative position.
Despite the Labor Arbiter's decision in favor of Javier, I believe she was wrongfully terminated. According to Article 297 of the Labor Code, termination requires grounds such as employee misconduct, which Javier did not display. The National Labor Relations Commission confirmed the Labor Arbitrator's decision to reinstate Javier as an instructor, affirming her status as a private defendant.