loss of trust and confidence Archives

February 18, 2017

Published by Atty Elvin B. Villanueva at February 18, 2017

BREACH OF TRUST AS BASIS FOR DISMISSAL; VALID TRANSFER

Sonia F. Mariano Vs. Martinez Memorial Colleges, Inc., et al. G.R. No. 194119. April 13, 2016 Facts: Martinez Memorial Colleges, Inc. (MMC) is a private educational […]

March 21, 2017

Published by Atty Elvin B. Villanueva at March 21, 2017

TOTALITY OF CIRCUMSTANCES MAY ESTABLISH THE DISMISSAL FOR BREACH OF TRUST

Matis vs. Manila Electric Company G.R. No. 206629, September 14, 2016 Facts: Respondent Manila Electric Company (Meralco) hired petitioner Matis, and complainants Nemencio Hipolito, Jr. (Hipolito), […]

April 10, 2017

Published by Atty Elvin B. Villanueva at April 10, 2017

LOSS OF TRUST AND CONFIDENCE MUST BE FOUNDED ON CLEARLY ESTABLISHED FACTS

Leo’s Restaurant and Bar Cafe, et al. Vs. Laarne C. Densing G.R. No. 208535. October 19, 2016 Facts: Kimwa Construction & Development Corporation employed Densing as […]

April 17, 2017

Published by Atty Elvin B. Villanueva at April 17, 2017

LOSS OF TRUST AND CONFIDENCE MUST BE FROM DISHONEST OR DECEITFUL CONDUCT

Julieta B. Sta. Ana vs. Manila Jockey Club, Inc. G.R. No. 208459, February 15, 2017 Facts: In May 1977, Manila Jockey Club, Inc. (MJCI) hired Julieta […]

April 23, 2017

Published by Atty Elvin B. Villanueva at April 23, 2017

AS OPPOSED TO FIDUCIARY RANK-AND-FILE EMPLOYEES, A MANAGERIAL EMPLOYEE COULD BE TERMINATED ON THE GROUND OF LOSS OF CONFIDENCE BY MERE EXISTENCE OF A BASIS FOR BELIEVING THAT HE HAD BREACHED THE TRUST OF HIS EMPLOYER

How to Craft Disciplinary Notices for Loss of Trust and Confidence PJ Lhuillier, Inc. vs. Hector Oriel Cimagala Camacho G.R. No. 223073, February 22, 2017 Facts: […]

September 15, 2017

Published by Atty Elvin B. Villanueva at September 15, 2017

THEFT OF SUM OF MONEY AS GROUND FOR DISMISSAL SHOULD BE PROVEN WITH SUBSTANTIAL EVIDENCE

Theft as ground for employee dismissal must be supported by substantial evidence. Where in a case a money was missing and no direct evidence shows who […]

October 19, 2017

Published by Atty Elvin B. Villanueva at October 19, 2017

LOSS OF TRUST AND CONFIDENCE ON RANK-AND-FILE EMPLOYEE REQUIRES PROOF OF INVOLVEMENT

Loss of trust and confidence as a ground for dismissal must be real, i.e., founded on clearly established facts, and the employee’s breach of the trust […]

April 26, 2018

Published by Atty Elvin B. Villanueva at April 26, 2018

MORAL DAMAGES SHOULD BE AWARDED FOR DISMISSAL THAT IS PRE-DETERMINED OR WITH CONSCIOUS AND INTENTIONAL DESIGN TO DO A WRONGFUL ACT

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, […]

October 3, 2018

Published by Atty Elvin B. Villanueva at October 3, 2018

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE MANAGERIAL EMPLOYEE TRANSFERS FUNDS WITHOUT AUTHORITY ALTHOUGH THEY WERE NOT MADE FOR PERSONAL USE

Loss of trust and confidence will validate an employee’s dismissal when it is shown that: (a) the employee concerned holds a position of trust and confidence; […]