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 perform his job, to the detriment of the employer and the latter’s business.” (International School Manila v. Santos, G.R. No. 167286, 05 February 2014)

An employee committing fraud is deceiving the employer. This usually comes in the form of serious dishonesty or concealment of a material fact. When fraud is committed by the employee, this causes prejudice or injury to the employer.

“Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray.” (National Power Corporation v. Olandesca, G.R. No. 171434, 23 April 2010)

While dishonesty is closely associated to fraud, it should be noted that simple dishonesty will not suffice as a just cause for termination. Subject to the standards which will be discussed below, the dishonesty should be serious and grave in character.

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CASE STUDY

The Hongkong and Shanghai Banking Corporation v. Meneses

G.R. No. 116542, 30 July 1996

What species of dishonesty would constitute a ground for termination? I...

 



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