Willful breach of trust Archives

November 23, 2017

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

CONFRONTING A WITNESS IN A COMPANY INVESTIGATION IS NOT A MATTER OF RIGHT

Confronting a witness is not a matter of right in company investigations. To meet the requirements of due process, it is sufficient that the employee had […]

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, […]

September 7, 2018

Published by Atty Elvin B. Villanueva at September 7, 2018

DISMISSAL OF A DISHONEST EMPLOYEE IS TO THE BEST INTEREST OF THE EMPLOYER AND LABOR

Dismissal of an employee should observe both substantive and procedural due process requirements. Dishonesty of a managerial employee renders her liable for dismissal. Thus, the SC […]

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; […]

March 27, 2019

Published by Atty Elvin B. Villanueva at March 27, 2019

WILLFUL BREACH OF TRUST CANNOT BE ESTABLISHED BY ERRONEOUS PRESUMPTION OF CONSPIRACY IN A THEFT CASE

Willful breach of trust is a ground for dismissal. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished […]

July 24, 2019

Published by Atty Elvin B. Villanueva at July 24, 2019

DISMISSAL FOR LOSS OF TRUST AND CONFIDENCE OF A SUPERVISOR WHO TOOK AND USED THE COMPANY MATERIALS AND SUPPLIES AND REPLACED THEM WITH THOSE PURCHASED OUTSIDE IS VALID

A supervisor who took and used the company’s supplies and materials may be validly dismissed for loss of trust and confidence having knowingly violated the company […]

January 15, 2020

Published by Atty Elvin B. Villanueva at January 15, 2020

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE EMPLOYEE MISREPRESENTED IRRECONCILABLE CASH COUNT AND TRANSACTION RECEIPTS BEING PURE DISHONESTY

Loss of trust and confidence to be a valid cause for dismissal must be based on a willful breach of trust and founded on clearly established […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

DISMISSAL FOR LOSS OF TRUST AND CONFIDENCE CANNOT BE VALID IF BASED MERELY ON SUMMARIZED LIST ON CUSTOMER COLLECTION AND INCOMPLETE REMITTANCE AMOUNTS

Dismissal of an employee has a two-fold due process requirement: one is substantive and the other, procedural. For substantive due process, the dismissal must be for […]

May 27, 2020

Published by Atty Elvin B. Villanueva at May 27, 2020

LOSS OF TRUST AND CONFIDENCE IS VALID FOR THE LAPSES AND INEFFICIENCIES IN DUTIES OF MANAGERIAL EMPLOYEE

Loss of trust and confidence as a ground for dismissal of employees requires that two conditions must be satisfied: (1) the employee concerned must be holding […]