Analogous Causes
Analogous cause refers to those similar to the enumerated just causes.
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Cases: Commission of a Crime
1. Due process despite crime Commission of a crime does not do away with due process. When an employee physically assaults the employer or his duly authorized representative like a manager, the Company should still proceed with due process termination. Many employers mistakenly rely on the investigation conducted by the authorities or the prosecutor. When…
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Commission of a Crime
1. Concept “Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives” – refers to the commission of a crime or offense against the person of the employer, his/her immediate family member, or his/her duly authorized representatives. Thus,…
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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…
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Cases: Fraud
1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. Nonetheless, the…
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Fraud
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…
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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] •…
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Cases: Willful Disobedience
1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to managing human resource. As such, the employer is given a wide latitude to regulate all aspects of employment via the management prerogative – to ensure the success of the company…
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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…
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Just Cause Procedure
1. Summary ⦁ Just cause procedure refers to the steps or process of implementing due process in relation to termination of employment. ⦁ There are 3 steps in a just cause procedure. ⦁ If there is no just cause procedure, the dismissal is valid but the employer may be held liable for nominal damages. 2….
