Cases: Loss of Trust and Confidence

1. Confidential employees

In Cruz v. Citytrust Banking Corporation, the confidential employee – a Micro Technical Support Officer – was dismissed after receiving unauthorized commissions and rebates by a supplier for purchases made by his employer. Accordingly, the confidential employee lost the trust and confidence reposed upon him by his employer after he receiving unauthorized commissions and rebates from a supplier.

CRUZ v. CITYTRUST BANKING CORPORATION, G.R. No. 148544, 12 July 2006

• There is no dispute that [the employee] is a confidential employee. During his cross-examination, he testified that aside from evaluating and recommending the purchase of Micro Computers, he also supervises the maintenance of computer hardware including the installation of computers for Citytrust in all of its branches nationwide. It is clear from the foregoing that the employee is not an ordinary rank-and-file employee. His job entails the observance of proper company procedures relating to the acquisition, installation and maintenance of computers which, undeniably, are vital to the operations of his employer. Moreover, his functions are not limited to a specific unit of Citytrust but extend to all branches of his employer nationwide. Thus, his job involves a high degree of responsibility requiring a substantial amount of trust and confidence on the part of his employer.

• A company has the right to dismiss its employees if only as a measure of self-protection. This is all th...

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