Yrasuegi v PAL

G.R. No. 168081, October 17, 2008

Facts: 

This case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company. The proper weight for a man of his height and body structure is from 147 to 166 pounds, the ideal weight being 166 pounds, as mandated by the Cabin and Crew Administration Manual of PAL.

In 1984, the weight problem started, which prompted PAL to send him to an extended vacation until November 1985. He was allowed to return to work once he lost all the excess weight. But the problem recurred. He again went on leave without pay from October 17, 1988 to February 1989.

Despite the lapse of a ninety-day period given him to reach his ideal weight, petitioner remained overweight. On January 3, 1990, he was informed of the PAL decision for him to remain grounded until such time that he satisfactorily complies with the weight standards. Again, he was directed to report every two weeks for weight checks, which he failed to comply with.

In 1990, petitioner was formally warned that a repeated refusal to report for weight check would be dealt with accordingly. He was given another set of weight check dates, which he did not report to. On November 13, 1992, PAL finally served petitioner a Notice of Administrative Charge for violation of company standards on weight requirements. Petitioner insists that he is being discriminated as those similarly situated were not treated the same.

In 1993, petitioner was formally informed by PAL that due to his inability to attain his ideal weight, “and considering the utmost leniency” extended to him “which spanned a period covering a total of almost five (5) years,” his services were considered terminated “effective immediately.”

LABOR ARBITER: held that the weight standards of PAL are reasonable in view of the nature of the job of petitioner. However, the weight standards need not be complied with under pain of dismissal since his weight did not hamper the performance of his duties.

NLRC affirmed.

CA: the weight standards of PAL are reasonable. Thus, petitioner was legally dismissed because he repeatedly failed to meet the prescribed weight standards. It is obvious that the issue of discrimination was only invoked by petitioner for purposes of escaping the result of his dismissal for being overweight.

Issue:

WON he was validly dismissed.

Held:

YES, a reading of the weight standards of PAL would lead to no other conclusion than that they constitute a continuing qualification of an employee in order to keep the job. The dismissal of the employee would thus fall under Article 282(e) of the Labor Code.

In the case at bar, the evidence on record militates against petitioner‟s claims that obesity is a disease. That he was able to reduce his weight from 1984 to 1992 clearly shows that it is possible for him to lose weight given the proper attitude, determination, and self-discipline. Indeed, during the clarificatory hearing on December 8, 1992, petitioner himself claimed that “[t]he issue is could I bring my weight down to ideal weight which is 172, then the answer is yes. I can do it now.”

Petitioner has only himself to blame. He could have easily availed the assistance of the company physician, per the advice of PAL.

In fine, the Court holds that the obesity of petitioner, when placed in the context of his work as flight attendant, becomes an analogous cause under Article 282(e) of the Labor Code that justifies his dismissal from the service. His obesity may not be unintended, but is nonetheless voluntary. As the CA correctly puts it, “[v]oluntariness basically means that the just cause is solely attributable to the employee without any external force influencing or controlling his actions. This element runs through all just causes under Article 282, whether they be in the nature of a wrongful action or omission. Gross and habitual neglect, a recognized just cause, is considered voluntary although it lacks the element of intent found in Article 282(a), (c), and (d).”