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Tag - dishonesty

04 Dec

Administrative Hearing or Conference for Dishonesty involving a Project Engineer; Sample Notice of Administrative Hearing

Administrative hearing is one of the procedural requirements for employee dismissal. The concept of procedural due process as a statutory requirement is provided under Art. 301 of the re-numbered Labor Code [formerly Art. 286]. As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity [...]

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01 Dec

Dishonesty of Project Engineer; Sample Notice to Explain

Dishonesty by an employee who has been put in charge of the employer’s money and property amounts to breach of the trust reposed by the employer, and normally leads to loss of confidence in her. Such dishonesty comes within the just and valid causes for the termination of her employment under Article 282 [now Art. 297] of the Labor Code. (Gargoles vs. Del Rosario, G.R. No. 158583, September 10, 2014) A willful breach cannot be a breach resulting from mere [...]

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07 Sep

BACKWAGES CANNOT BE AWARDED IF THE EMPLOYEE WAS NOT ILLEGALLY DISMISSED

Backwages may be granted only when there is a finding that the dismissal is illegal. The Supreme Court (SC) in the case of Stradcom Corporation and Jose A. Chua vs. Joyce Annabelle L. Orpilla (G.R. No. 206800, July 2, 2018) found just cause for Orpilla’s dismissal. The SC held that the dismissal of a dishonest employee is to the best interest not only of the management but also of labor. Stradcom, as an employer in the exercise of self-protection, cannot be [...]

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