Cases: Serious Misconduct

1. Sexual Harassment

Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008)

In one case, the Supreme Court expressed in strong terms that sexual harassment is a valid cause for employee termination: “Sexual harassment abounds in all sick societies. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victims. We [the Supreme Court] rule that it is a valid cause for separation from service.” (Villarama v. Golden Donuts, G.R. No. 106341, 02 September 1994)

VILLARAMA v. GOLDEN DONUTS, INC., G.R. No. 106341, 02 September 1994

• On July 15, 1989, [the employee – a Material Manager] was charged with sexual harassment by… a clerk-typist assigned in his department. The humiliating experience compelled her to resign from work. Her letter-resignation, dated July 15, 1989, reads:

MR. LEOPOLDO H. PRIETO

President

Golden Donuts, Inc.

Dear Sir:

I would like to tender my resignation from my post as Clerk Typist of Materials Department effective immediately.

It is really my regret to leave this company which has given me all the opportunity I long desired. My five (5) months stay in the company have been very gratifying professionally and financially and I would not entertain the idea of resigning except for the most shock...

 



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