LABOR ISSUE(ILLEGAL DISMISSAL

AND DESCRIMINATION)
Renato "Rene" Nocos(complainant) vs.
Ricky Reyes' business associate Tonneth
Moreno(respondent)
by:
Montero,Kim A
Vinluan,Jessel S.
 Statement of the Problem
Ricky Reyes operates a chain of hair salons in the Philippines.
Renato Nocos was hired as a hairdresser by respondent Ricky
Superstyle Corporation on 16 July 2003. While employed by the
respondent, the complaint began undergoing treatment for HIV;
however, he was informed that the medical facility could not
provide him with treatment due to his unpaid contributions to
the Philippine Health Insurance Corporation (Philhealth).
He subsequently disclosed his HIV status to respondent, asking
for the immediate payment of his Philhealth SSS and the Pag-Ibig
contributions. Upon learning of the complainants HIV status, the
respondent ordered his reassignment from the Quezon City
Branch to the Espaa Branch. The complainant objected to this
reassignment, as he was aware that the Espaa Branch
operations would be closing down. However, ultimately, the
complainant was transferred to the that branch. When it closed
down, he requested another reassignment, but was left without
a job. Subsequently,on 16 April 2014, the complainant brought a
complaint for illegal dismissal and descrimination.
 Causes of the Problem
Renato Nocos is an HIV positive, after disclosing his
current health condition he was transferred to a
nearing bankruptcy branch. When it closed down, he
requested another reassignment, but was left without
a job.
 Altenative Courses of Action
1. Listen to Your Employees Assume that what you are told
by your employees concerning a medical condition will be
considered knowingof the condition. If you are told of an
employees disability, you should work with the employee
before making adverse-employment decisions concerning
them.The communication from the employee need not be
precise.
2. Engage in the Interactive Process The interactive process is
nothing more than working with an employee to produce a
reasonable solution.
3. Make Reasonable Accommodations Where Necessary- The
term necessary accommodation scares some employers, who
worry that it will mean decreased production or increased cost.
However, an open-minded approach to finding a reasonable
accommodation may be less costly than facing an expensive
lawsuit. Importantly, a reasonable accommodation is only necessary
if the employee can still carry out the essential functions of his or
her job.
 Realistic Solution
1. Let your employee get a medical certificate that he is fit to
work, if he cannot present any certificate, talk to him privately
and give him what is his just compensation and necessary
benefits.
2.Let the employee use his sick leave during the time that he is
infected with opportunistic infection.
3.Talk to your employee regarding your concerns to his current
condition and you may negotiate with him.
 Recommendation
1.Employers should avoid stigma and discrimination to
employees who have medical conditions.
2.Employers should allow their employees to continue to work
as long as they are able to and do not pose any danger to
themselves, their co-workers and other individual at work.
3.The procedure for termination of employment on medical
grounds for them should be the same as for any other disease
4.Disciplinary action should be taken to against any employer
who discriminate against or stigmatises HIV-positive employees