Tag - willful breach

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 [...]

Fraud as Ground for Employee Dismissal Under Willful Breach of Trust – Sample Notice of Dismissal for Overpricing Receipts

Fraud, in its general sense, is deemed to com- prise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. It is a generic term embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to secure an advantage over another by [...]


Backwages may be granted only when there is a finding that the dismissal is illegal. The Supreme Court (SC) in the case of Stradcom Corporation and Jose A. Chua vs. Joyce Annabelle L. Orpilla (G.R. No. 206800, July 2, 2018) found just cause for Orpilla’s dismissal. The SC held that the dismissal of a dishonest employee is to the best interest not only of the management but also of labor. Stradcom, as an employer in the exercise of self-protection, cannot be [...]

Sample Notice to Explain for Overpricing Purchases to Defraud Company

Sample notice to explain is shown here to guide HR practitioners and business owners on how to properly enforce discipline in accordance with procedural due process. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Elvin B. Villanueva (pp. 261-262). Form No. 134 Notice to Explain (First Notice) – Overpricing of purchases to defraud company To : Name of Employee From : Human Resources Manager Subject : Overpricing of purchases to defraud [...]

Sample Notice of Dismissal for Manufacturing Receipts

Sample notice of dismissal is provided to give HR practitioners ideas on how to comply with the procedural due process requirements of employee termination. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 259-261). Form No. 133 Decision to Dismiss (Final Notice) – Manufacturing receipts to defraud company To : Name of Employee From : HR MANAGER or other responsible officer Subject : Manufacturing receipts to defraud company Date : (Date [...]

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 [...]


Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for managerial employees to be dismissed. Yolando T. Bravo vs. Urios College (Now Father Saturnino Urios University) and/or Fr. John Christian U. Young G.R. No. 198066, June 7, 2017 Facts: Yolando Bravo was employed as a part-time teacher in 1988 by Urios College. In addition to his duties as a part-time teacher, Bravo was designated as the school’s [...]

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 [...]

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 [...]

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