The Supreme Court (SC) has affirmed a labor court ruling against a professor who questioned his termination by the university after he forced a sick student to dance during a class presentation.

In a recent 29-page decision written by Associate Justice Ramon Paul L. Hernando, the SC upheld the National Labor Relations Commission’s (NLRC) findings on Benedicto F. Lacanaria’s complaint for illegal dismissal against the University of the Cordilleras (UC).

On Feb. 25, 2010, Rafael Flores, one of Lacanaria’s students, did not join the dance portion of the creative presentation although he participated in the singing and acting parts.

Despite persistent cough, Flores attended the class since absence would yield a grade of zero for the performance.

Since Flores did not join in the dance segment, Lacanaria instructed him to still dance to be fair to the whole group.

However, while Flores was dancing, his knees suddenly gave out which caused him to fall to the floor close to the wall. His groupmates assisted him by giving him a drink and helping him cool down.

Lacanaria did not pay much attention to what happened to Flores and instead instructed the next group to perform.

Since he was not feeling well, Flores requested to be allowed to proceed to the clinic but was not initially allowed by his professor, prompting the student to repeat his request.

Lacanaria eventually allowed him to go to the clinic with a classmate but instructed him to return after his consultation.

As the doctor was not yet around, the clinic’s nurse told Flores to eat lunch first and return later. Instead, Flores headed home and was eventually brought to the Notre Dame Hospital where he was diagnosed to have “costochondritis and upper respiratory tract infection.”

When Flores returned to the school and sought Lacanaria to report what had happened to him, the professor apparently cursed at him.

Flores filed a written complaint addressed to the dean along with a notarized complaint-affidavit. His classmates also executed a joint affidavit corroborating Flores’ complaint.

The university then issued a charge sheet against Lacanaria for serious misconduct.

It turned out it was at it was not the first time that Lacanaria faced reports of misconduct. In 2008 he was verbally reprimanded for telling green jokes in his class.

After the hearings, Lacanaria was ordered dismissed by the university in May 2010.

Lacanaria filed a labor complaint but was eventually dismissed by the NLRC, prompting him to elevate the case to the Court of Appeals (CA).

The appellate court reversed the NLRC’s decision, saying the professor was not given due process as there was a lack of specificity in the first notice that prevent Lacanaria from responding appropriately.

The investigation, the CA noted, did not provide the exact provisions of the ethics rules of the school that the professor violated.

In reversing the appellate court, the SC said the circumstances of the complaint against Lacanaria “demonstrated how (his) misconduct amounted to something grave and not merely trivial, considering his position as a professor” and that “his actuations clearly showed him unfit to continue working for the university, considering his daily interaction with the students.”

The high court declared Lacanaria to have been dismissed for just cause but the University of the Cordilleras failed to observe the rudiments of procedural due process and was ordered to pay PHP30,000 in damages. (PNA)