Instances Involving Serious Misconduct as Held by the Supreme Court
A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts:
- Falsified his employment application form by not stating therein that he is the nephew of the company’s manager;
- Falsified gasoline receipt;
- Submitted false report of his trade outlet calls; and
- Unauthorized availment of sick, vacation and emergency leaves
The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. No. L-73735, August 31, 1987, 153 SCRA 500, 509], it held that: “we stressed that a series of irregularities when put together may constitute serious misconduct, which under Article 282 of the Labor Code, as amended, is a just cause for dismissal.”
Other acts which the Supreme Court ruled as constituting serious misconduct are as follows:
- Conduct of an employee which erodes the morale of his co-employees;
- The circulation of an e-mail message which re-sounds subversion and undermines the authority
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and credibility of the management and employee displayed a tendency to act without management’s approval, and even against management’s will;
- An act of the employee of assailing an employer in a union newspaper since it is inimical to the interest of the employer as it sullied its reputation;
- The circulation of a manifesto accusing the directress, principal and cashier of the school of, among others, forcing teachers to sign affidavits waiving the benefits of a law, blacklisting ten teachers whose names appeared in the manifesto, terminating teachers sans proper evaluation and preventing the establishment of a teacher’s union;
- False, malicious and public imputation in writing against an immediate superior. Also known as li-bel;
- Taking or using of illegal substance or shabu inside the company premises;
- Immoral conduct which is prejudicial or detrimental to the interest of the employer;
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The circumstances of each particular case must be holistically considered and evaluated in light of the prevailing norms of conduct and applicable laws.
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