serious misconduct Archives

February 23, 2017

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

SUBSTANTIAL PROOF, AND NOT CLEAR AND CONVINCING EVIDENCE OR PROOF BEYOND REASONABLE DOUBT, IS SUFFICIENT AS BASIS FOR DISMISSAL

Ting Trucking/Mary Violaine A. Ting Vs. John C. Makilan G.R. No. 216452. June 20, 2016 Facts: Petitioner Ting Trucking is a sole proprietorship owned by Mary […]

April 22, 2017

Published by Atty Elvin B. Villanueva at April 22, 2017

APPLICATION OF THE RES INTER ALIOS ACTA RULE AND ITS EXCEPTION IN LABOR CASES

Buenaflor Car Services, Inc. vs. David, Jr. G.R. No. 222730, November 7, 2016 Facts: Cezar David was employed as Service Manager by Buenaflor Car Services, Inc., […]

May 22, 2017

Published by Atty Elvin B. Villanueva at May 22, 2017

VALID DISMISSAL FOR VIOLATING THE COMPANY RULES AND REGULATIONS AGAINST GAMBLING

Universal Canning Inc., et al. vs. Court of Appeals, et al. G.R. No. 215047, November 23, 2016 Facts: Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. […]

July 7, 2017

Published by Atty Elvin B. Villanueva at July 7, 2017

TRANSGRESSIONS THAT ARE PROHIBITED BUT VIOLATORS ARE NOT CAUGHT DO NOT AMOUNT TO TOLERATION ON THE PART OF THE COMPANY

Transgressions of company policy and code of conduct are grounds for dismissal of employees under the serious misconduct. St. Luke’s Medical Center, Inc. vs. Maria Theresa […]

July 11, 2017

Published by Atty Elvin B. Villanueva at July 11, 2017

DISHONESTY THAT IS NOT “ACTIVE DISHONESTY” MAY NOT BE SUFFICIENT TO DISMISS EMPLOYEE FOR SERIOUS MISCONDUCT

Dishonesty is one of the grounds for dismissal of employee. However, hesitation of the employee to admit mistake and subsequent admission of such mistake cannot amount […]

July 18, 2017

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

DOUBTS IN EVIDENCE IN LABOR CASES ARE RESOLVED IN FAVOR OF LABOR

Doubts that pervade in the presentation of evidence to establish validity of dismissal are resolved in favor of labor. The Supreme Court held in the following […]

August 4, 2017

Published by Atty Elvin B. Villanueva at August 4, 2017

OFFENSIVE, OBSCENE, OR INSULTING LANGUAGE HURLED AGAINST A SUPERIOR IS SERIOUS MISCONDUCT AND IS GROUND FOR DIMISSAL

Offensive, obscene, or insulting language made against a superior is serious misconduct. The Supreme Court held in the following case: Roque B. Benitez and Santa Fe […]

September 1, 2017

Published by Atty Elvin B. Villanueva at September 1, 2017

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for […]

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 […]