Cases: Commission of a Crime

1. Due process despite crime

Commission of a crime does not do away with due process.

When an employee physically assaults the employer or his duly authorized representative like a manager, the Company should still proceed with due process termination.

Many employers mistakenly rely on the investigation conducted by the authorities or the prosecutor. When there is a finding of probable cause resulting in the case being filed in court, several employers incorrectly use this as basis for terminating the employee. This is incorrect.

Employers are still required to conduct its own administrative investigation regarding the incident and comply with due process.

ROBINSONS GALLERIA/ROBINSONS SUPERMARKET CORPORATION v. RANCHEZ, G.R. No. 177937, 19 January 2011

• [The employee-cashier reported to her supervisor the loss of Php20,000.00 which was in the employee’s custody. After the employee was strip-searched and yielded nothing, she was arrested, charged, and made to underwent inquest proceedings. The fiscal found probable cause and filed a case for qualified theft.]

• In the instant case, based on the facts on record, [the employers] failed to accord respondent substantive and procedural due process. The haphazard manner in the investigation of the missing cash, which was left to the determination of the police authorities and the Prosecutor’s Office, left [the employee] with no choice but to cry foul. Administrative investigation was not conducted by [the empl...

 



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