The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were already paid to the employer, he was allegedly relieved from his post and never given another assignment. In exchange for paying his money claims, he was allegedly instructed to copy…
Inocente v. St. Vincent Foundation for Children and Aging, Inc.G.R. No. 202621, 22 June 2016 [The employer] St. Vincent Foundation for Children and Aging, Inc., is a non-stock, non-profit foundation engaged in providing assistance to children and aging people and conducting weekly social and educational activities among them. It is financially supported by the Kansas…
1. Failure to observe a continuing qualification The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee. YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008 [Background] • [The employee – an International Flight Steward – was dismissed for having failed…
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…
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…
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. 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…
Labor jurisprudence on management prerogative