dismissal Archives - Page 3 of 6 - LVS Rich Publishing

21 May

Separation Pay Cannot be Awarded to Employee Dismissed for Gross and Habitual Neglect of Duty; Other issues on this ground

Gross and habitual neglect of duty is one of the grounds for dismissal under Article 297 of the Labor Code, as amended. In certain termination, employee is entitled to payment of separation pay. This applies to grounds found under Article 298 of the Labor Code such as installation of labor saving devices, redundancy, retrenchment, and closure. But this does not apply to dismissal due to the fault of the employee like those grounds in Article 297. In one case, in view of [...]

By Atty Elvin Labor Law article 297, atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law, separation pay 0 Comments Read more...

16 May

Habituality in Gross and Habitual Neglect is Disregarded if Loss is Substantial

That for negligence to be a valid ground, it must be “gross and habitual” is only a general rule. Where damage or loss is substantial, the element of habituality may be disregarded. Thus, in a case where the bank suffered actual loss in the amount of P50,000.00 which is part of the P200,000.00 left by a bank teller fully exposed in her counter on a payday in the presence of depositors milling around, the dismissal of the bank teller for [...]

By Atty Elvin Labor Law atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law 0 Comments Read more...

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

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. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

25 Apr

Breach of Trust is a Factual Issue

Breach trust must be proven as a fact. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of trust and confidence. While it is true that loss of trust and confidence is a just cause for termination, it must not be simulated or concocted but must be supported by substantial evidence. The evidence must be substantial [...]

By Atty Elvin Labor Law atty. elvin, breach of trust, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, termination, willful breach of trust 20 Comments Read more...

11 Apr

Burden of Proof in Constructive Dismissal

Burden of proof is the standard required in proving a case. In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause. (Suldao vs. Cimech System Construction, Inc., G.R. No. 171392, October 30, 2006.) This means that if the employee claims he was constructively dismissed from service and sues the employer, it is the employer who must prove that the employee was not dismissed from [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, dismissal, due process, Just Cause, labor case, Labor Code, labor law, nlrc 19 Comments Read more...

08 Apr

Constructive Dismissal

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit. (Tan Brothers Corporation of Basilan City vs. Escudero G.R. No. 188711, July 3, 2013 citing The University of Immaculate Conception vs. NLRC, G.R. [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, management prerogative 16 Comments Read more...

28 Mar

Employee Termination Based on Form of Employment

Termination of employee depends on the form of employment. Just cause or authorized cause as ground for dismissal is the only blanket ground applicable to all forms. Hence, to terminate employee, it can be argued that there are two main classifications of grounds: Just Cause / Authorized Cause Peculiar cause provided in the nature of employment and terms of contract For just cause or authorized cause, the law is clear since these are provided under Articles 297, 298, and 299, respectively. For the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, benefits, casual, compensation, compensation and benefits, dismissal, fixed-term, Just Cause, labor, Labor Code, labor law, probationary, project, seasonal, termination 16 Comments Read more...

26 Mar

Employee Termination Notice as Part of Procedural Due Process

Employee termination notice is mandatory as part of the procedural due process in employee dismissal. As opposed to substantive due process, procedural due process pertains to the procedure involved. Hence, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (King of Kings Transport, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 11 Comments Read more...

18 Mar

Counsel may Assist the Employee in a Hearing or Conference if the Latter Desires as part of Due Process

If a hearing or conference would be held in an employee dismissal, the employee may request to bring a counsel in such proceeding. This seems to be an optional requirement at the in- stance of the employee. In the dismissal of an employee, a hearing or conference must be held during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence [...]

By Atty Elvin Labor Law administrative hearing, atty. elvin, counsel, dismissal, due process, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process, termination 11 Comments Read more...

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