This case has been cited 4 times or more.
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2010-03-09 |
NACHURA, J. |
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| In any case, the penalty of dismissal was not commensurate to the degree of the infraction purportedly committed. The Court is wont to reiterate that, while an employer has its own interest to protect, and pursuant thereto, it may terminate an employee for a just cause, such prerogative to dismiss an employee must be exercised without abuse of discretion. It should be tempered with compassion and understanding.[19] An employer should bear in mind that, in the exercise of such right, what is at stake is not the employee's position but her livelihood as well.[20] Where a penalty less punitive would suffice, whatever missteps may have been committed by an employee ought not to be visited with a consequence so severe such as dismissal from employment.[21] | |||||
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2007-09-28 |
CHICO-NAZARIO, J. |
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| Plain from this is that the termination of Salsona was wielded with undue haste resulting in a deprivation of due process, not allowing for a determination of just cause.[39] | |||||
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2007-06-08 |
QUISUMBING, J. |
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| In earlier cases, we have expressed disapproval of dismissal of employees who have absented themselves due to emergency circumstances. In Brew Master International, Inc. v. National Federation of Labor Unions (NAFLU),[13] the employee's absence was precipitated by a grave family problem when his wife unexpectedly deserted him and abandoned the family. Under said circumstances, his absence was deemed justified. Similarly, in this case, the reason for petitioner's absence was not of his own doing much less to his liking, thus we are of the view that he did not merit the extreme penalty of dismissal from the service. | |||||
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2006-09-27 |
AUSTRIA-MARTINEZ, J. |
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| The Constitution looks with compassion on the workingman and its intent in protecting his rights.[33] A worker's employment is property in a constitutional sense[34] and while the Court recognizes the right of an employer to terminate the services of an employee for a just or authorized cause, the dismissal of an employee must be made within the parameters of law and pursuant to the tenets of equity and fair play.[35] An employer's power to discipline his employees must not be exercised in an arbitrary | |||||