SC affirms airlines' right to fire overweight flight attendant

MANILA, Philippines – Yes, Philippines Airlines (PAL) has the right to fire an overweight flight attendant so that it can maintain flight safety, according to a Supreme Court ruling. In a 28-page decision, Associate Justice Reyes of the court's Third Division affirmed the termination of Armando Yrasuegi as PAL international flight for failing to keep his weight within the limit set by the airlines' Cabin and Crew Administration Manual. The court, however, decided that Yrasuegui would be entitled to separation pay equivalent to one-half month’s salary for every year of service, which should include his regular allowances. According to the court, Yrasuegui’s obesity is a ground for his dismissal under Article 282 of the Labor Code, which allows a company to set qualifying standards for certain positions before hiring an employee. "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 court said. The court dismissed the Yrasuegui's argument that obesity is a "physical abnormality and/or illness," and that his dismissal from PAL was illegal on the mere ground of his failure to maintain his weight at 166 pounds for his height of 5'-8". The court pointed out that Yrasuegui was able to reduce his weight from 1984 to 1992, thus, showing that he could lose weight with determination and self-discipline. The court noted that PAL had been lenient with Yrasuegui, giving him more than four years to comply with its weight standards. Yrasuegui only has himself to blame when he said that reducing weight was costing him "a lot of expenses" since he could have easily asked the company physician for help, as PAL suggested. "He chose to ignore the suggestion," the court said. "In fact, he repeatedly failed to report when required to undergo weight checks, without offering a valid explanation. Thus, his fluctuating weight indicates absence of willpower rather than an illness." The SC explained that the main reason that airlines impose weight standards for cabin crew is to maintain flight safety. Cabin attendants, such as Yrasuegui, must maintain agility at all times to inspire passenger confidence. "Passenger safety goes to the core of the job of a cabin attendant," the court said. "On board an aircraft, the body weight and size of a cabin attendant are important factors to consider in case of emergency. Aircraft have constricted cabin space, and narrow aisles and exit doors." According to court records, Yrasuegui’s battle with the bulge dates back to 1984 when PAL advised him to go on an extended vacation leave from Dec. 29, 1984, to March 4, 1985, so that he could do something about his weight. In line with company policy, he was removed from flight duty effective May 6, 1989 to July 3, 1989. He was formally requested to trim down to his ideal weight and report for weight checks on several dates. Yrasuegui was also told that he could also see the company physician in time for his weight evaluation on July 3, 1989. On Oct. 17, 1989, PAL line administrator Gloria Dizon visited Yrasuegui at his house to check on his progress. At that time, he weighed 217 pounds, gaining 2 pounds from his previous weight. After the visit, petitioner made a commitment to reduce weight, but despite the lapse of the 90 days given him to reach his ideal weight, he remained overweight. On Jan. 3, 1990, PAL told him that he would remain grounded until he loses weight. Again, he was directed to report every two weeks for weight checks. When Yrasuegui tipped the scale on July 30, 1990, he weighed at 212 pounds. PAL heard nothing from him until he followed up his case requesting for leniency in 1992. He weighed 219 pounds on Aug. 20, 1992, and 205 pounds on Nov. 5, 1992. On Nov. 13, 1992, PAL finally served petitioner a Notice of Administrative Charge for violating its weight standards. Yrasuegui did not deny being overweight, but he claimed, instead, that his violation, if any, had already been condoned by PAL since "no action has been taken by the company" regarding his case since 1988. He also claimed that PAL discriminated against him because "the company has not been fair in treating the cabin crew members who are similarly situated." The differing opinions of PAL and petitioner caused him to file a case with the National Labor Relations Commission, which upheld his position that "obesity, or the tendency to gain weight uncontrollably regardless of the amount of food intake, is a disease in itself." The unfavorable findings of the NLRC prompted PAL to appeal the case at the appellate court, which overturned the ruling and affirmed Yrasuegui’s dismissal from the company. - GMANews.TV