Serious Misconduct Archives - LVS Rich Publishing

28 May

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

For misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: [Globe Telecom, Inc. vs. Ebitner, G.R. No. 242286, January 16, 2023 citing Sterling Paper Products Enterprises, Inc. vs. KMM-Katipunan, 815 Phil. 425 (2017)] (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and (c) it must have been performed with wrongful intent. In a case [...]

By Atty Elvin Labor Law atty. elvin, fraud, Illegal dismissal, labor, Labor Code, labor law, presumption, presumption of regul, Presumption of Regularity, regular performance of duty, Serious Misconduct 0 Comments Read more...

04 May

Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that: “Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Serious Misconduct, Sexual harassment, substantive due process 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...

02 Mar

Instances Involving Serious Misconduct as Held by the Supreme Court

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, labor law, Serious Misconduct 6 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 12 Comments Read more...

29 Aug

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employees who have sexual intercourse inside company premises can be validly terminated. In the case of Imasen Philippine Manufacturing Corporation vs. Alcon and Papa (G.R. No. 194884, October 22, 2014), two employees were caught having sexual intercourse on the factory floor. The employees involved in such case were hired as welders. On October 5, 2002, Ramoncito Alcon and Joann Papa reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, immorality, labor, Labor Code, labor law, management prerogative, Serious Misconduct, sexual intercourse 13 Comments Read more...

14 Feb

Serious Misconduct Exists When the Employee Creates False Narrative Against the Employer

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and ( c) it must have been performed with wrongful intent. Thus, the Supreme Court (SC) ruled in the following case of Metro Psychiatry, Inc. vs. Bernie J. Llorente (G.R. No. 245258, February 5, 2020). Llorente was served with a Memorandum by MPI [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, Labor Code, quantum of proof, Serious Misconduct, Substantial evidence, termination 12 Comments Read more...

03 Oct

Work-relatedness of Termination for Inflicting Physical Violence or Fighting is Not Solely Determined by the Time and Location

Fighting within work premises which act adversely affects employer’s interests for it distracts employees, disrupts operations and creates a hostile work atmosphere. (Page 122, Guide to Valid Dismissal of Employees, 2nd Edition, citing Solvic Industrial Corp. vs. NLRC, G.R. No. 125548, September 25, 1998) “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error [...]

By Atty Elvin Labor Law fighting, Serious Misconduct, valid dismissal, workplace dynamics 10 Comments Read more...

15 Nov

Destruction of Company Property – Final Notice of Dismissal

Destruction of company property may fall under serious misconduct which is ground for disciplinary action. The sample notice below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 98 Decision to Dismiss (Final Notice) – Destruction of company property To : Name of Employee From : HR MANAGER or other responsible officer Subject : Destruction of company property Date : (Date of issuance) This refers to our show cause memo on the [...]

By Atty Elvin Labor Law, Sample Forms destruction of company property, notice of dismissal, Serious Misconduct 19 Comments Read more...

13 Nov

Destruction of Company Property – Notice to Explain

Destruction of company property may subject the employee to disciplinary action. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 173-174) by Atty. Villanueva. Form No. 97 Notice to Explain (First Notice) – Destruction of company property To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Destruction of company property Date : (Date of issuance of Notice) The following incident has been brought to our attention for [...]

By Atty Elvin Labor Law, Sample Forms company property, Notice to Explain, Serious Misconduct 12 Comments Read more...

Tag - Serious Misconduct