This case has been cited 2 times or more.
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2015-03-18 |
REYES, J. |
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| To validly dismiss an employee, the law requires the employer to prove the existence of any of the valid or authorized causes,[24] which, as enumerated in Article 282 of the Labor Code, are: (a) serious misconduct or willful disobedience by the employee of the lawful orders of his employer or the latter's representative in connection with his work; (b) gross and habitual neglect by the employee of his duties; (c) fraud or willful breach by the employee of the trust reposed in him by his employer or his duly authorized representative; (d) commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and (e) other causes analogous to the foregoing.[25] As a supervisorial employee, Farrales is admittedly subject to stricter rules of trust and confidence, and thus pursuant to its management prerogative HPC enjoys a wider latitude of discretion to assess his continuing trustworthiness, than if he were an ordinary rank-and-file employee.[26] HPC therefore insists that only substantial proof of Farrales' guilt for theft is needed to establish the just causes to dismiss him, as the NLRC lengthily asserted in its decision. | |||||
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2013-07-15 |
BERSAMIN, J. |
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| It is plain, however, that the NLRC did not gravely abuse its discretion in concluding that Gutang's dismissal had been warranted. We note that Gutang was a managerial employee whom Roleda had vested with confidence on delicate matters, such as the custody, handling, care and protection of Samar Med's properties and funds, as well as its operations and transactions in Region VIII. Gutang was shown to have failed to account for and to turn over his sales collections. In that regard, Roleda's filing of the criminal case against Gutang and the public prosecutor's finding of a prima facie case for the offense charged after preliminary investigation amounted to substantial evidence of Gutang's breach of the trust and confidence reposed in him, a just cause to terminate the employment based on loss of trust and confidence.[16] | |||||