This case has been cited 1 times or more.
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2010-03-09 |
NACHURA, J. |
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| Misconduct is defined as improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error of judgment.[15] For misconduct to be a just cause for dismissal, (a) it must be serious; (b) it must relate to the performance of the employee's duties; and (c) it must show that the employee has become unfit to continue working for the employer.[16] To be serious within the meaning and intendment of the law, the misconduct must be of such grave and aggravated character and not merely trivial and unimportant.[17] It requires a wrongful intent,[18] which is apparently absent in respondent Briones' case. | |||||