E – Loss of trust and confidence
▪ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards.
2. Standards for loss of trust and confidence
The standards are:
1) There must be an act, omission or concealment;
2) The act, omission, or concealment justifies the loss of trust and confidence of the employer to the employee;
3) The employee concerned must be holding a position of trust and confidence;
4) The loss of trust and confidence should not be simulated;
5) It should not be used as a subterfuge for causes which are improper, illegal, or unjustified; and,
6) It must be genuine and not a mere afterthought to justify an earlier action taken in bad faith. (Section 5.2[e], Rule I-A, DOLE D.O. 147-15)
3. Applies only to specific employees
The just cause of loss of trust and confidence applies only to specific employees, namely:
1) Managerial employees; and,
2) Confidential employees.
▪ Jurisprudence or Supreme Court Decisions
Lawyer, Author, Mentor