loss of trust and confidence Archives - Page 2 of 2

28 Oct

LOSS OF TRUST AND CONFIDENCE AS GROUND FOR TERMINATION OF A MANAGERIAL EMPLOYEE; LACK OF PREVIOUS RECORD OF INFRACTION CANNOT SERVE AS JUSTIFICATION TO REDUCE THE SEVERITY OF THE PENALTY

Loss of trust and confidence is a ground for dismissal. To justify a valid dismissal based on loss of trust and confidence, the concurrence of two (2) conditions must be satisfied: (1) the employee concerned must be holding a position of trust and confidence; and (2) there must be an act that would justify the loss of trust and confidence. These two requisites are present in this case. Thus, the Supreme Court held in the following case: SM Development Corporation, et [...]

By Atty Elvin Labor Law loss of trust and confidence, managerial employee 19 Comments Read more...

05 Aug

Additional Charges in the Notice of Termination Require New NTE

The additional grounds cited in the notice of termination which were not mentioned in the NTE issued to the employee violated the right to be informed of the administrative charges against her. The NTE and the notice of termination did not state the specific acts that constituted breach of company policies resulting in loss of trust and confidence and the specific company policies that were violated. As opposed to substantive, procedural due process refers to the procedure involved in the [...]

By Atty Elvin Labor Law loss of trust and confidence, Notice to Explain, procedural due process 18 Comments Read more...

26 Jun

A Supervisor who Kept Silent on Falsification of Documents Done By Subordinates May be Dismissed for Loss of Trust and Confidence

A Supervisor who did not commit falsification but allowed falsification by his subordinates to be done and kept silent about it may be dismissed for loss of trust and confidence. Loss of confidence as a just cause for termination of employment is premised from the fact that an employee concerned holds a position of trust and confidence. This situation holds where a person is entrusted with confidence on delicate matters, such as the custody, handling, or care and protection of [...]

By Atty Elvin Labor Law loss of trust and confidence 16 Comments Read more...

01 Feb

Willful Breach of Trust – Sample Notice to Explain for Manufacturing Receipts

Willful breach of trust is one of the grounds for dismissal of employees. Loss of trust and confidence is a term most employers use to dismiss a managerial employee who breached the trust reposed in him. To be valid ground for an employee’s dismissal, loss of trust and confidence must be based on a willful breach. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse. A willful breach cannot be a breach resulting from mere carelessness. A [...]

By Atty Elvin Labor Law, Sample Forms loss of trust and confidence, willful breach 15 Comments Read more...

25 Apr

A Pawnshop Manager who Brought Outsider during Pull Out of “Rematado” Items held Liable for Loss of Trust

P.J. Lhuillier, Inc. (PJLI), the owner and operator of the “Cebuana Lhuillier” chain of pawnshops, Hector Oriel Cimagala Camacho (Camacho) as Area Operations Manager (AOM) for Area 213, covering the province of Pangasinan. Camacho was assigned to administer and oversee the operations of PJLI’s pawnshop branches in the area. Regional Manager Vizcarra received several text messages from some personnel assigned in Area 213, reporting that Camacho brought along an unauthorized person, a non-employee, during the QTP operation (pull-out of “rematado” [...]

By Atty Elvin Labor Law loss of trust and confidence 63 Comments Read more...

23 Apr

THE USE OF COMPANY’S TIME AND PREMISES FOR GAMBLING ACTIVITIES IS A GRAVE OFFENSE WHICH AMOUNTS TO THEFT OF THE COMPANY’S TIME

Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. Francisco, Elmer C. Saromines and Samuel D. Coronel (Complainants) were employed by Universal Canning Universal Canning on various capacities. Complainants were caught by Universal Canning company’s Purchasing Officer, Falconieri Almazan, playing cards at the company’s premises during working hours. The incident was immediately reported by Almazan to the Personnel Officer, Ma. Lourdes Losaria, who immediately conducted an investigation to determine the names and of those who were involved in the gambling activities. On [...]

By Atty Elvin Labor Law gambling, loss of trust and confidence 21 Comments Read more...

22 Mar

Terminated due to Mismatched Feng Shui Aura with Employer

Loreta Yung, an administrative manager at Wensha, complained that she was terminated because her aura is a mismatch to that of her employer. Wensha however, denied having terminated her on this ground. Wensha insisted that Loreta was terminated for loss of trust and confidence. However, the Supreme Court found Loreta’s complaint credible. There is consistency in her pleadings and evidence. In contrast, Wensha’s pleadings and evidence, taken as a whole, suffer from inconsistency. Moreover, the affidavits of the employees of Wensha only pertain [...]

By Atty Elvin Labor Law loss of trust and confidence, willful breach 15 Comments Read more...

21 Mar

Effect of Acquittal from Criminal Case on Labor Case

The company dismissed the employee for theft. The latter filed and illegal dismissal case. However, the company filed a criminal case against the employee. The worker was acquitted in the criminal case. Should the dismissal of employee be also be considered as without basis thus, illegal? The Supreme Court held that the filing of the complaint by the public prosecutor is sufficient ground for a dismissal of an employee for loss of trust and confidence. Related: Loss of Trust and Confidence The evidence [...]

By Atty Elvin Labor Law loss of trust and confidence, theft 22 Comments Read more...

13 Mar

Loss of Trust and Confidence should be Genuine and not Simulated

Sta. Ana was hired as outlet Teller at the off-track betting station of Manila Jockey Club, Inc. (MJCI), in Tayuman, Manila. Sta. Ana was suspected of engaging in personal lending business using the company fund and MJCI employee to run such personal business. However, she argued that she was using her own money, never had a shortage, and was not using MJCI employee to run her lending operation. Related: How to prohibit lending activity in Code of Conduct Sta. Ana added that [...]

By Atty Elvin Labor Law, Uncategorized Illegal dismissal, loss of trust and confidence, willful breach 21 Comments Read more...

22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

By Atty Elvin Labor Law discipline, dismissal, employer prerogative, loss of trust and confidence, management prerogative, penalties, policies, rules and regulations, supersedeas bond, termination, valid dismissal 41 Comments Read more...

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