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ANANIAS PANDAY v. NLRC

This case has been cited 4 times or more.

2011-06-22
LEONARDO-DE CASTRO, J.
According to petitioner company, respondent Gacayan had access to and was responsible for confidential, delicate, and sensitive matters, particularly relating to its operations and finances.  Moreover, petitioner company maintains that respondent Gacayan was in-charge of the proper handling of funds as "among her tasks was the preparation of the Business Plan, Monthly Rolling Estimate, Monthly variance analysis (vs Budget and prior year, Pesos and Dlrs), Dividend Declared Report and monitoring of dividend remittances, and Quarterly reports." [4] Petitioner company further calls on the Court to affirm our ruling in Divine Word College of San Jose v. Aurelio [5] and Panday v. National Labor Relations Commission [6] that a Senior Bookkeeper (in the former case) or a Branch Accountant (in the latter case) held a position of trust and confidence.
2009-10-02
NACHURA, J.
A position of trust and confidence has been defined as one where a person is entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property[16] and/or funds.[17] One such position is that of a cashier. A cashier is a highly sensitive position which requires absolute trust and honesty on the part of the employee.[18] It is for this reason that the Court has sustained the dismissal of cashiers who have been found to have breached the trust and confidence of their employers. In one case, the Court upheld the validity of the dismissal of a school cashier despite her 19 years of service after evidence showed that there was a discrepancy in the amount she was entrusted to deposit with a bank.[19]
2008-06-27
NACHURA, J.
A position of trust and confidence was explained in Panday v. NLRC, [22] viz.:The case of Lepanto Consolidated Mining Co. v. Court of Appeals 1 SCRA 1251 (1961), provides us with a definition of a "position of trust and confidence." It is one where a person is "entrusted with confidence on delicate matters," or with the custody, handling, or care and protection of the employer's property.
2005-03-10
QUISUMBING, J.
As firmly entrenched in our jurisprudence, loss of trust and confidence as a just cause for termination of employment is premised on the fact that an employee concerned holds a position where greater trust is placed by management and from whom greater fidelity to duty is correspondingly expected.  This includes managerial personnel entrusted with confidence on delicate matters, such as the custody, handling, or care and protection of the employer's property.[25] The betrayal of this trust is the essence of the offense for which an employee is penalized.[26]