Labor Law, 2016 Bar — Question XII
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Amaya was employed as a staff nurse by St. Francis Hospital (SFH) on July 8, 2014 on a probationary status for six (6) months. Her probationary contract required, among others, strict compliance with SFH's Code of Discipline. On October 16, 2014, Dr. Ligaya filed a Complaint with the SFH Board of Trustees against Amaya for uttering slanderous remarks against the former. Attached to the complaint was a letter of Minda, mother of a patient, who confirmed the following remarks against Dr. Ligaya: "Bakit si Dr. Ligaya pa ang napili mong 'pedia' eh ang tanda tanda na n'un? E makakalimutin na yun xxx Alam mo ba, kahit wala namang diperensya yung baby, ipinapa-isolate nya?" The SFH President asks you, being the hospital's counsel, which of these two (2) options is the legal and proper way of terminating Amaya: a) terminate her for a just cause under Article 282 (Art. 297) of the Labor Code (Termination by Employer); or b) terminate her for violating her probationary contract. Explain. (5%)
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