Tag - Serious Misconduct

Serious Misconduct: Cases Where Supreme Court Held as Serious Misconduct

Serious misconduct is one of the grounds for employee dismissal. While the law and jurisprudence provided the requisites, it is often difficult to exactly identify situations involving serious misconduct. Thus, as a guide, below are the instances where the Supreme Court held that acts involved serious misconduct. The post is based on the book Guide to Valid Dismissal of Employee Second Edition. A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils.  where the employee committed the [...]

Serious Misconduct Requisites to be Just Cause of Dismissal

Serious misconduct is one of the grounds for termination of employee. However, there are requisites which must be present before this can be validly used as substantive basis for dismissal. The following post is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 116-) by Atty. Elvin B. Villanueva. The misconduct, to be serious within the meaning of the Labor Code must be of such grave and aggravated character and not merely trivial or unimportant. Such misconduct, however [...]

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