13 - st. theresitas academy v nlrc.docx

8/9/2019 13 - St. Theresitas Academy v NLRC.docx

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St. Theresitas Academy vs. NLRC

Facts:

Lilia G. Ariola, had been employed as a school teacher since the school year 1954-

55up to the school year 1975-76(or for 22 continuous years). She retired on March

30, !"#. $n !"!, the Mother superior in%ited her to &o bac' as a school teacher.

he complainant accepted on condition that she should be considered a regular

teacher and not as newly hired teacher. That condition was accepted without

hesitation. She si&ned a contract ith the school hich as reneable yearly.

*omplainant and her co+teachers ere paid summer li%in& alloance in !"!+!0

and !0+!. -oe%er, in une !, that amount as deducted from their

salaries. *omplainant and her co+teachers protested a&ainst the deduction. he

matter as referred to the Ministry of Labor and /mployment.

n a board meetin& it as resol%ed that e1ecti%e school year !3+, no Sier%as

de San ose School shall rehire a retired teacher and that any rehired who is at

present a member of the faculty shall be notied that her/his Teachers !ontract will

not be renewed for the comin& year. After four () years of continuous satisfactory

ser%ice, complainant as notied on March , !3 that her contract ould no

lon&er be reneed at the end of the school year !2+3.

4espondent led in the 5L4* a complaint $lle&al 6ismissal prayin& for reinstatement

ith bac'a&es, /*LA, non+payment of alloances, underpayment of 3th month

pay and dama&es.

Labor Arbiter rendered a decision orderin& the petitioner to pay the pri%ate

respondent .

5L4*, the latter ruled that7

() the year+to+year contract beteen petitioner and pri%ate

respondent %iolated Art. 20 of the Labor *ode, hence, despite the

8ed period pro%ided therein, pri%ate respondent became a 9re&ular9

employee ho could not be dismissed e8cept for cause:

(2) hen the year+to+year contracts ent beyond three years, pri%ate

respondent became a 9re&ular9 or 9permanent9 employee, pursuant to

Sec. "; of the Manual of 4e&ulations for pri%ate schools

(3) the policy of the school of no lon&er renein& the year+to+year

contracts of teachers ho had been recalled from retirement, %iolated

the security of tenure of the complainant.

Issues:


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This !'(T")!T shall not aect the *ermanent +tatus of the teacher% e$en if

entered into e$ery school year:pro$ided that the *robationary *eriod for new

teachers shall be three .0 years.

13 - st. theresitas academy v nlrc.docx

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