Loss of Trust and Confidence: The Nature of Work and not Job Title is Material in Determining the Trust Reposed
Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust.
In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged of selling the broilers and broiler crates without the authority of the owner.
In response to the administrative charge, the employees contend that they were drivers/helpers and not holders of managerial or supervisory positions. Thus, they were allegedly not liable for loss of trust and confidence.
The Supreme Court (SC) held that loss of trust and confidence as a ground for dismissal of employees covers employees occupying a position of trust who are proven to have breached the trust and confidence reposed on them.
Moreover, in order to constitute a just cause for dismissal, the act complained of must be work-related and shows that the employee concerned is unfit to continue working for the employer. In addition, loss
of confidence as a just cause for termination of employment is premised on the fact that the employee concerned holds a position of responsibility, trust and confidence or that the employee concerned is entrusted with confidence with respect to delicate matters, such as the handling or care and protection of the property and assets of the employer.
The betrayal of this trust is the essence of the offense for which an employee is penalized. In this regard, it is not the job title but the nature of the work that the employee is duty-bound to perform which is material in determining whether he holds a position where greater trust is placed by the employer and from whom greater fidelity to duty is concomitantly expected.
Employees involved, as drivers/helpers, were entrusted with the custody, delivery and transportation of the broilers and broiler crates, including their proper handling and protection, in accordance with the directives of JR Hauling and instructions of its clients. To stress, they are performing the core business of JR Hauling.
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Thus, even on the premise that they were not occupying managerial or supervisory positions, they were, undoubtedly, holding positions of responsibility. As to their transgressions i.e., the unauthorized sale of broilers and broiler crates, the same are clearly work-related as they would not have been able to perpetrate the same were it not for their positions as drivers/helpers of JR Hauling.
In fine, the SC held that there is just cause for their dismissal from the service.
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