Misconduct can Result in Employee Discipline
Misconduct covers a wide range of behavior that is considered punishable under the company’s code of discipline.
The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 114-115).
As provided under Article 282, the misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows:
“Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty willful in character, and implies wrongful intent and not mere error in judgment.”
Misconduct involves the transgression of some established and definite rule of action, forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment.
The misconduct, to be serious within the meaning of the Labor Code must be of such grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must nevertheless be in connection with the employee’s work to constitute just cause for his separation.
In the case of Eden Llamas vs. Ocean Gateway Maritime and Management, Inc., the Court held that deliberate misdeclaration of the accountant of the gross income of the company for the renewal of municipal license constitutes serious misconduct. In this case, the accountant reasons that:
“I believe that I did something good for our office when our declaration of gross income submitted to City Hall for the renewal of our municipal license was lower than our actual gross income for which the office had paid a lower amount.”
Learn How to Design and Formulate Company Code of Discipline
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