Yrasuegi v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008, Reyes, R.T., J. 1. Background • THIS case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company. • [The employee] [A.G.] Yrasuegui was a former international flight…
Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No. 194884, October 22, 2014, Brion, J.: 1. Background • [The employer] Imasen Philippine Manufacturing Corporation is a domestic corporation engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the [the employees] as manual welders in 2001. • On October 5, 2002, the [the employees] reported…
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.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…
1. Concept Serious misconduct must be grave and aggravated in character. The ground of serious misconduct tends to be the most commonly cited just cause for termination. Curiously, it also happens to be most frequently misapplied. This due to the fact that most labor cases involve simple or ordinary – and not serious – misconduct….
1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer.” (Section 4 [l], Rule I-A, DOLE D.O. No. 2015-147) If an employee disobeys…
1. Concept Gross and habitual neglect of duty go together. Gross neglect refers to “the absence of that diligence that an ordinary prudent man would use in his/her own affairs.” (Section 4 (j), Rule I-A, DOLE D.O. No. 2015-147) On the other hand, habitual neglect refers to “repeated failure to perform one’s duties over a…
1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to…
Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article 282(c) of the Labor Code states that the loss of trust and confidence must be based on willful breach of the trust reposed in the employee by his employer. Such…
Summary ⦁ Just causes are grounds for termination of employment due to employee violations. ⦁ The employer is justified dismissing an employee for just cause. ⦁ There are standards for each just cause set or prescribed by Supreme Court Decisions or Jurisprudence, as well as DOLE regulations. ⦁ There are analogous causes to just causes…
1. Failure to observe a continuing qualification The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee. YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008 [Background] • [The employee – an International Flight Steward – was dismissed for having failed…