Inability to Stop Over Withdrawals of Company Fund under one’s watch is Gross and Habitual Neglect of DutyAtty Elvin
Balagtas Credit Cooperative and Community Development, Inc. (BCCCDI) initially hired Emma H. Quiro-quiro (Quiro-quiro) as accountant/bookkeeper in 1989.
However, sometime in April 2010, BCCCDI terminated the employment of Quiro-quiro, who was then holding the concurrent posts of General Manager and Accountant, on the grounds of “gross negligence/violation of company rules” and “gross dishonesty.”
The charges involve over withdrawal of Time Deposit (TD), Loss of borrower’s title, over computation of interest on TD placements, Unfair filing of delinquent accounts, Concealment of the irregularity regarding the over withdrawal in the TD, and Non-disclosure of the true financial condition of the cooperative. Quiro-quiro disputed the charges. Thus, he filed a complaint for illegal dismissal and damages.
The Supreme Court held that the dismissal was valid.
Quiro-quiro’s “inability to stop during her watch an over withdrawal by one member, amounting to P250,000.00,” and followed by a series of monthly withdrawals, “constitutes gross and habitual neglect of duty that is a just cause for her dismissal.”
Quiro-quiro’s other infractions such as the loss of a certificate of title, the granting of a high interest to pre-terminated deposits, duplication of JV numbers, and a backlog in her reportings or postings only add to such major infraction and establish a pattern of negligence and inability to fulfill her duty.
Learn how to incorporate in Code of Discipline the Gross and Habitual Neglect of Duty
Moreover, there is no dispute that she held the sensitive positions of general manager and accountant, which demand BCCCDI’s utmost trust and confidence. Clearly, her act warranted the penalty of dismissal.
(Quiro-Quiro vs. Balagtas Credit Cooperative & Community Development, Inc., G.R. No. 209921, January 13, 2016)