dismissal Archives - Page 4 of 6 - LVS Rich Publishing

18 Mar

Formal Hearing which is Adversarial in Nature is not Applicable in Employee Dismissal Cases

While hearing or conference is required to be held when specifically requested in writing by the employee or when so provided in the company policy, it is not intended to be in a formal type of proceeding. In the case of Nuez vs. NLRC the Supreme Court held that what the law requires is for the employer to inform the employee of the specific charges against him and to hear his side or defenses. This does not however mean a [...]

17 Mar

Notice to Explain (NTE): Contents and Requirements

Notice to explain or NTE is one of the requirements to complete the procedural due process in employee dismissal. In the case of King of Kings Transport, Inc. vs. Mamac, the Supreme Court (SC) said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. In order to enable the [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 130 Comments Read more...

16 Mar

Notices Required in Terminating Employee

As part of procedural due process, employees to be dismissed should be notified. The first notice prior to dismissal based on just cause is known as the notice to explain or NTE as HR practitioners put it. Some call it show-cause memo or SCM. Others refer to it as show-cause order. Whatever terminology may be used to call it, the essence is that the notice should apprise the employee charged of the offense and the fact that such offense may be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 18 Comments Read more...

13 Mar

Termination Rules for Probationary Employee as to Procedural Due Process

Termination of employment, as held in the case of (UNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013), is subject to three limitations, namely: it must be exercised in accordance with the specific requirements of the contract; the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and there must be no unlawful discrimination in the dismissal. Failure to specify the reasonable standards by which [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, labor law, probationary, procedural due process, termination 14 Comments Read more...

08 Mar

Willful Disobedience as Ground for Employee Dismissal

Willful disobedience is ground for dismissal under Article 297 of the Labor Code, as amended. The Supreme Court found just cause to dismiss the employee for her willful disobedience of the superior’s directives requiring her to explain her absence, violation of school policy and refusal to subject herself to medical examination. Other cases where disobedience was held willful: Violation of the rule against the use of company-owned vehicles for private purposes without prior authority; Smoking in restricted areas; Refusal to render overtime; Refusal to be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, Just Cause, labor, Labor Code, labor law, willful disobedience 15 Comments Read more...

03 Mar

Grounds For Dismissal: Just Cause And Authorized Cause

Grounds for dismissal are required ingredients to ensure that termination is valid. There are three classifications of valid grounds for dismissal or termination under the Labor Code which can be used by the employer: First is the just cause under Article 297 of the Labor Code, as amended. Second, the authorized cause under Article 298 therein. Third is the dismissal due to disease found in Article 299. The employee is also authorized to cut employment ties under Article 300. The burden of proof in [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, discipline, dismissal, employee, employer, grounds for dismissal, grounds for termination, Just Cause, labor, Labor Code, labor law 35 Comments Read more...

02 Mar

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. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, labor law, Serious Misconduct 12 Comments Read more...

02 Mar

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 [...]

By Atty Elvin Labor Law atty. elvin, dismissal, job title, Just Cause, labor, Labor Code, loss of trust, nature of work, termination, willful breach 18 Comments Read more...

27 Feb

Affidavits in Labor Cases are not Hearsay for Having been taken Ex-Parte

Affidavits in labor cases are usually executed without the affiant being subject to cross-examination. The question is, without such cross-examination is the affidavit admissible in evidence? The Supreme Court (SC), in the case of JR Hauling Services vs. Solamo, (G.R. No. 214294, September 30, 2020), held that such affidavit is admissible. According to the SC, the argument that the affidavits are hearsay for having been taken ex parte i.e., that the affiants were not presented for cross-examination, does not persuade the [...]

By Atty Elvin Labor Law affidavit, atty. elvin, dismissal, labor, Labor Code, labor law, nlrc 22 Comments Read more...

14 Feb

Wrongful Intent is Required for Dismissal Due to Transgression of a Rule or Serious Misconduct

In termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. Failure to do so would necessarily mean that the dismissal was illegal. For this purpose, the employer must present substantial evidence to prove the legality of the employee’s dismissal. Substantial evidence is defined as “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” The Supreme Court, in the case [...]

By Atty Elvin Labor Law atty. elvin, discipline, dismissal, employee, employer, gross and habitual neglect of duty, Illegal dismissal, labor, Labor Code, Serious Misconduct, wrongful intent 16 Comments Read more...

Tag - dismissal