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Tag - employee dismissal

15 Jun

Criminal Aspects of Incidents Leading to Loss of Trust and Confidence

Loss of trust and confidence is one of the grounds for dismissal of employees under the Labor Code. This may arise from incidents of fraud, theft, etc. which are criminal in nature. The question is what would be the effect of the criminal aspects on the labor dispute stemming from loss of trust and confidence? The violation of company policy may involve a criminal act for which the employee may be charged by the employer in a criminal court. Non-conviction in [...]

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10 Jun

Doctrine of Command Responsibility for Managerial Employees and Breach of Trust by Rank and File Employees

In the case of a Chief Purser of a passenger ship, the established facts show that although he did not participate in the commission of anomalies, he was still liable due to his failure to detect those irregularities. (See Vicente C. Etcuban, Jr. vs. Sulpicio Lines, Inc., G.R. No. 148410, January 17, 2005.) Interestingly, jurisprudence has made a connection between neglect of duty and loss of trust and confidence involving a managerial employee or a rank-and-file holding a fiduciary position. In [...]

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11 Feb

Negligence: When is it a Valid Ground for Employee Dismissal?

Negligence is one of the common offenses violated by employees. However, do all forms of negligence warrant dismissal from service? No. For negligence to be a proper ground for termination, it must not only be gross but must be both “gross and habitual” in character to justify depriving an employee of his means of livelihood. In short, not all forms of negligence should be penalized with dismissal. A single or an isolated act of negligence which is not “gross and habitual” [...]

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28 Jun

Reckless Imprudence Committed by Drivers of Company Vehicle as Ground for Discipline

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Reckless imprudence is a form of negligence. It connotes lack of foresight or lack of skill. For instance, a company driver who operates the vehicle and gets involved in a collision with another vehicle. This may result in death of the other driver and/or damage to the other vehicle. In such case, can the company hold the driver of its vehicle liable? More specifically, can [...]

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11 Jul

Termination of Employee must be based on Lawful Ground

Termination is one of the most disputed aspect of employment relationship. Workers who have been through this experience had untold suffering while employers who made a mistake of illegally terminating employees have paid substantial amount of money. Just cause for the dismissal of employees or authorized cause for termination must be observed prior removal. For the HR practitioner involved in employer relations, it is paramount to know the basic concept of each ground for dismissal enumerated in Article 282 [now Article 297] [...]

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14 May

Hazards of Terminating an Employee Part 2

This is a continuation of the post on Hazards of Terminating an employee. The post is based on the book Guide to Valid Dismissal of Employees (pp. 6-7) As mentioned, it is easy for complainants to file the case against the employer which makes it more challenging for the latter. All the complainant has to do is to go to the nearest office of the Department of Labor and Employment and fill out a Request for Assistance under the Single Entry [...]

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14 May

Hazards of Terminating an Employee

As a general rule, the employer has the right to dismiss the services of an erring employee. In legal parlance, it is called management prerogative. But this right has limitations. It must not be exercised in bad faith and with abuse of discretion. The exercise of management prerogative is subject to the limitations imposed by law or by the Collective Bargaining Agreement (CBA), employment contract, employer policy or practice and general principles of fair play and justice. Thus, pursuant to limitations, there [...]

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