Sagun v. ANZ Global Services and Operations
There is a difference between the
(Perlas-Bernabe, J.) 2016
Facts:
- Sagun was employed at HSBC Electronics Data Processing when
he applied online for the position of Payments and Cash Processing
Lead at ANZ
- After passing the interview and online exam, Senior VP for
Operations, Cruzada, offered Sagun the position of Customer
Service Officer, which he accepted on June 8, 2011
- In the letter of confirmation of the offer, the terms and conditions
of his employment required a satisfactory result of his pre-
employment screening
o Required to undergo a police record check prior to
commencing work or at other times during employment
o Undergo other checks (e.g. bankruptcy, sanctions
screening, reference, etc.)
o He was to be on probationary status for 6 months and that
appointment would take effect from the date of reporting
(to be not later than July 11, 2011)
o Initial and ongoing employment is conditional on ANZ
being satisfied of the results. In case results are
unsatisfactory, ANZ may choose to not commence
employment, or terminate the same immediately
- On June 11, 2011, Sagun tendered his resignation at HSBC and the
acknowledged copy thereof was transmitted to ANZ
- On July 11, 2011, Sagun was handed a letter of retraction
informing him that the offer had been withdrawn because of the
material inconsistencies found in his declared information and
documents
o He only held a position of a Lvl. 1, not Lvl. 2, Technical
Support Representative
o He was terminated for cause due to his absence without
official leave and not because of his resignation
o He failed to report for work on or before July 11, 2011
- Sagun filed a complaint for illegal dismissal before the NLRC
arguing that his employment contract had already been perfected
ipon his acceptance of the offer on June 8, 2011
- Respondents countered that no employer-employee relation existed
and thus the NLRC has no jurisdiction and presented that Sagun
made material misrepresentations
- LA: dismissed the case. No perfected employment contract.
- NLRC and CA: affirmed.
perfection of the employment contract (June 8, 2011) and the
commencement of the employer-employee relationship. The
relationship never existed since the employment offer is
conditioned on the satisfactory completion of his background
check
ISSUE:
1. W/N an employer-employee relationship existed – NO
HELD:
- An employment contract, like any other contract, is perfected at the
moment the parties come to agree upon its terms and conditions,
and thereafter, concur in the essential elements thereof
- There was already a perfected contract of employment when
petitioner signed ANZ's employment offer and agreed to the terms
and conditions that were embodied therein. Nonetheless, the offer
of employment extended to petitioner contained several conditions
before he may be deemed an employee of ANZ.
- a condition is defined as "every future and uncertain event upon
which an obligation or provision is made to depend. It is a future
and uncertain event upon which the acquisition or resolution of
rights is made to depend by those who execute the juridical act." 41
Jurisprudence states that when a contract is subject to a suspensive
condition, its effectivity shall take place only if and when the event
which constitutes the condition happens or is fulfilled.
- Here, the subject employment contract required a satisfactory
completion of petitioner's background check before he may be
deemed an employee of ANZ
- To reiterate, in a contract with a suspensive condition, if the
condition does not happen, the obligation does not come into
effect. Thus, until and unless petitioner complied with the
satisfactory background check, there exists no obligation on the
part of ANZ to recognize and fully accord him the rights under the
employment contract.
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