serious misconduct Archives - Page 2 of 2

November 3, 2017

Published by Atty Elvin B. Villanueva at November 3, 2017

SERIOUS MISCONDUCT DOES NOT ARISE WHEN THE ACT, THOUGH INTENTIONAL, IS NOT CHARACTERIZED BY WRONGFUL AND PERVERSE ATTITUDE

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work is a just cause […]

November 27, 2017

Published by Atty Elvin B. Villanueva at November 27, 2017

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE GIVES SUPERIOR A DIRTY FINGER AMONG OTHER ACTS SHOWING DISRESPECT AND HUMILIATION

Serious misconduct to be valid ground for dismissal, the following must concur: (a) the misconduct must be serious; (b) it must relate to the performance of […]

December 29, 2017

Published by Atty Elvin B. Villanueva at December 29, 2017

MISCONDUCT THAT IS ALREADY PENALIZED WITH SUSPENSION CANNOT BE PENALIZED FURTHER WITH EMPLOYEE DISMISSAL

Misconduct is defined as an improper or wrong conduct. It is a transgression of some established and definite rule of action, a forbidden act, a dereliction […]

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; […]

October 3, 2019

Published by Atty Elvin B. Villanueva at October 3, 2019

FIGHTING TO BE GROUND FOR DISMISSAL SHOULD BE ROOTED IN WORKPLACE DYMANICS

Fighting is a serious misconduct and is a ground for dismissal under the law. Misconduct is generally defined as “a transgression of some established and definite […]

October 22, 2019

Published by Atty Elvin B. Villanueva at October 22, 2019

JUST CAUSES OF SERIOUS MISCONDUCT, WILLFUL DISOBEDIENCE, AND FRAUD ALL IMPLY THE PRESENCE OF “WILLFULNESS” OR “WRONGFUL INTENT” ON THE PART OF THE EMPLOYEE

Just cause is one of the aspects of substantive due process required in employee dismissal. Serious misconduct, willful disobedience of an employer’s lawful order, and fraud, […]

March 24, 2020

Published by Atty Elvin B. Villanueva at March 24, 2020

FIXED-TERM CONTRACT THAT HAS BEEN CONTINUOUSLY EXTENDED OR RENEWED INDICATES REGULAR EMPLOYMENT

Fixed-term employment contract was repeatedly extended or renewed covering the same position, and involving the same duties. Case law holds that the repeated engagement under a […]

September 4, 2020

Published by Atty Elvin B. Villanueva at September 4, 2020

SERIOUS MISCONDUCT AS GROUND FOR DISMISSAL NEGATES THE AWARD OF SEPARATION PAY

Serious misconduct if used as ground to validly dismiss and employee, negates the award of separation pay. Thus, the SC held in the following case: Herma […]

February 14, 2021

Published by Atty Elvin B. Villanueva at February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]