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 dealt with administratively which shall be a ground for suspension or termination.
An employee shall not be terminated from work based on actual, perceived or suspected HIV status.
An employee shall not be terminated on basis of actual, perceived or suspected Hepatitis B status.
An employee who has or had Tuberculosis shall not be discriminated against. He/she shall be entitled to work for as long as they are certified by the company’s accredited health provider as medically fit and shall be restored to work as soon as his/her illness is controlled.
Sexual harassment is considered a serious misconduct. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victim.
Section 7. Causes of Termination Under the Collective Bargaining Agreement (CBA). An employee may also be terminated based on the grounds provided for under the CBA.”
In the above-cited grounds for “other causes,” it is submitted that they may be classified as a just cause via analogous cause. For instance, serious company violations and pursuant to CBA provisions have been recognized in jurisprudence to be analogous causes to serious misconduct which is a just cause termination ground.
