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…
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…
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] •…
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…
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…
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….
DOLE D.O. 147-15 recognizes “Other Causes” as grounds for employee termination under Rule I-A, viz: “Section 6. Other Causes of Termination. In addition to Section 4, the employer may also terminate an employee based on reasonable and lawful grounds specified under its company policies. An employee found positive for use of dangerous drugs shall be…
Installation of labor-saving devices – refers to “the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices.” (Section 4 [m], Rule I-A, DOLE D.O. 147-15) DOLE D.O. 147-15 provides for the standards to be complied with for a valid separation of employment by the employee:…
The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees. This right ensures that an employee cannot be dismissed from employment without due process of law. This guarantee extends to all employees working in the Philippines – whether a Filipino or a foreigner. CASE STUDY Dosch v. Northwest…
1. Concept Abandonment of work has been construed as “a clear and deliberate intent to discontinue one’s employment without any intention of returning back.” (Demex Rattancraft, Inc. v. Leron, G.R. No. 204288, 08 November 2017) Abandonment is the deliberate and unjustified refusal of an employee to resume his employment. It constitutes neglect of duty and…