Dismissal due to serious illness

Dear PAO,

My husband suffered some sort of depression and was advised to seek medical advice by the company. At the company's expense, he was referred to several doctors to assess his mental condition. Accordingly, the psychiatric report diagnosed him to be suffering from Schizophrenia, which is incurable within a period of six months. I fear that he will be fired because of this. Can an employee be terminated due to a brain disorder, which is non-contagious?

Kirsten

Dear Kirsten,

Please be informed of the Supreme Court's Decision in the case of Marlo A. Deoferio vs. Intel Technology Philippines, Inc. (GR 202996, June 18, 2014) where the Supreme Court, through Associate Justice Arturo Brion, discussed when a disease may be considered as a valid authorized cause to dismiss an employee. According to the Supreme Court:

«The present case involves termination due to disease — an authorized cause for dismissal under Article 284 of the Labor Code. As substantive requirements, the Labor Code and its IRR require the presence of the following elements:

»(1) An employer has been found to be suffering from any disease.

"(2) His continued employment is prohibited by law or prejudicial to his health, as well as to the health of his co-employees.

"(3) A competent public health authority certifies that the disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment. (Emphasis and Underscoring Ours)

From the above-quoted portion, the said elements must be met before an employee may be dismissed on the ground of disease. However, the Supreme Court also stated in the said Decision that the disease is not necessarily contagious. An employee may still be dismissed from employment if it can be shown that the disease is prejudicial to the employee's health or that of his/her co-workers. According to the Supreme Court:

«With respect to the first and second elements, the Court liberally construed the phrase prejudicial to his health as well as to the health of his co-employees to mean prejudicial to his health or to the health of his co-employees. We did not limit the scope of this phrase to contagious