Cases: Moonlighting

1. Moonlighting

a. Unauthorized use of company time

Capitol Wireless, Inc. v. BalagotG.R. No. 169016, 31 January 2007[BACKGROUND]At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the bank]ing Corporation ([the bank]) with which [the employer] had no business relations. It was thereupon discovered that [the employee] had been rendering services to [the bank] and that since 1992, [the employee] had been concurrently employed with… a local manpower company, which assigned him to render messengerial services to [the bank] in the same year.As [the employer] HRD director recommended the immediate termination of the services of [the employee] on the ground of grave misconduct and willful breach of trust and confidence, the HRD sent on May 10, 2000 a memorandum to [the employee] reading:A report was received this morning from HRD for grave misconduct on your part. It was found out that you are employed with [a local manpower company]. as a motorized messenger serving their client, [the bank]ing Corp. In view of this, explain within twenty four (24) hours why no disciplinary action should be taken against you for this matter.In an undated handwritten letter-reply, [the employee] admitted the charge against him.An administrative hearing was thus conducted on May 18, 2000 during which [the employer] presented 1) a certification of [the emplo...

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