Totality of Infractions Principle Applies to an Offense that in Itself is Not Punishable with Dismissal

Totality of Infractions Principle Applies to an Offense that in Itself is Not Punishable with Dismissal

The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committed by him should not be taken singly and separately but in their totality. Fitness for continued employment cannot be compartmentalized into tight little cubicles of aspects of character, conduct, and ability separate and independent of each other. (Pp. 154-155, Guide to Valid Dismissal of Employees, 2nd Edition, by Atty. Elvin B. Villanueva)

In the case where the employee committed numerous infractions in his one year and eleven-month stay in the company such as being issued a warning for failing to check the right quantity of materials subject of his inventory, going undertime incurring absence without asking for prior leave, having been warned for failure to implement proper warehousing and housekeeping procedures, failure to ensure sufficient supplies of oxygen- acetylene gases during business hours, having been warned again for failing to secure prior permission before going on leave and finding by Accounting that he made double and wrong entries in his inventory. (Page 155, Guide to Valid Dismissal of Employees, 2nd Edition, by Atty. Elvin B. Villanueva)

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In a 2020 case of Villanueva vs. Ganco Resort and Recreation, Inc., (G.R. No. 227175, January 8, 2020), the employee committed four-day absence without leave. The Supreme Court held that such is not gross nor habitual. Even so, her absences are still not justified. She alleged that she did not report back to work after serving her preventive suspension because the management did not reply to her query as to when she needed to report. This reasoning does not justify her absences.

Therefore, while there may be no basis to dismiss her on the ground of gross and habitual neglect, petitioner is still guilty of having committed a  violation. It is here that totality of infractions may be considered to determine the imposable sanction for her current infraction.

Citing Merin vs. National Labor Relations Commission (590 Phil. 596 (2008).), the Court explained the principle of “totality of infractions” as referring to the number of violations committed during the period of employment which shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committed should not be taken singly and separately. Fitness for continued employment cannot be compartmentalized into tight little cubicles of aspects of character, conduct and ability separate and independent of each other.

While it  may be true that the employee was penalized for the previous infractions, this does not and should not mean that the employment record would be wiped clean of his infractions. After all, the record of an employee is  a relevant consideration in determining the penalty that should be meted out since an employee’s past misconduct and present behavior must be taken together in determining the proper imposable penalty. Despite the sanctions imposed upon the employee, he continued to commit misconduct and exhibit undesirable behavior on board. Indeed, the employer cannot be compelled to retain a  misbehaving employee, or one who is guilty of acts inimical to its interests. It has the right to dismiss such an employee if only as a measure of self-protection.

In the case of Villanueva, the SC found that the totality of an employee’s infractions is  considered and weighed in determining the imposable sanction for the current infraction. It presupposes that the employee is already found guilty of the new violation, as in this case. Apropos, it is also worth mentioning that the employer had already previously warned the employee that the penalty for her next infraction would be elevated to dismissal. Thus, her dismissal, on the basis of the principle of totality of infractions, is justified.

See editable templates of disciplinary actions (NTE, Notice of Hearing, Conference and Notice of Dismissal/Termination) here.

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