Cases: Gross and Habitual Neglect

1. Absenteeism and tardiness

The employee’s absenteeism and tardiness has serious adverse effects on the business of the employer. Accordingly, when such amounts to gross and habitual neglect of duty, absenteeism and tardiness may be a ground for dismissal under just cause.

MANSION PRINTING CENTER v. BITARA, G.R. No. 168120, 25 January 2012

[Background]

• [The employee – a Company Driver – was dismissed after numerous absences and tardiness.]

[Resolution]

• [H]is weekly time record for the first quarter of the year 2000 revealed that he came late nineteen (19) times out of the forty-seven (47) times he reported for work. He also incurred nineteen (19) absences out of the sixty-six (66) working days during the quarter. His absences without prior notice and approval from March 11-16, 2000 were considered to be the most serious infraction of all because of its adverse effect on business operations.

• That the recent absences were unauthorized were satisfactorily established by [the employers]. Two (2) employees of the company belied the claim of [the employee's] wife Mary Ann Bitara that she called the office on 11 March 2000, and, through a certain Delia, as allegedly later identified by [the employee], informed [the employer] that her husband would take a leave of absence for a week because he went to the province.

• Delia Abalos, a “binder/finisher” of the company, stated in her Affidavit that she never received a call from [the employee] nor his wife...

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