1. Failure to observe a continuing qualification
The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee.
YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008
• [The employee – an International Flight Steward – was dismissed for having failed to maintain a weight requirement.]
• [The] 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.
• 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. Tersely put, an employee may be dismissed the moment he is unable to comply with his ideal weight as prescribed by the weight standards. The dismissal of the employee would thus fall under Article 282(e) of the Labor Code...
• In fine, We [the Supreme Court] hold that the obesity of [the employee], 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. Thi...
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