This case has been cited 2 times or more.
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2010-04-13 |
BRION, J. |
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| In its decision promulgated on November 18, 2008, the CA found no grave abuse of discretion on the part of the NLRC when it affirmed the labor arbiter's ruling that Amular was illegally dismissed. While the appellate court noted that Amular was dismissed on the ground of serious misconduct, a just cause for employee dismissal under the Labor Code,[14] it opined that Technol failed to comply with the jurisprudential guidelines that misconduct warranting a dismissal: (1) must be serious; (2) must relate to the performance of the employees duties; and (3) must show that the employee has become unfit to continue working for the employer.[15] | |||||
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2008-09-12 |
QUISUMBING, J. |
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| Although we have recognized that fighting within company premises may constitute serious misconduct, we have also held that not every fight within company premises in which an employee is involved would automatically warrant dismissal from service. [26] More so, in this case where the incident occurred outside of company premises and office hours and not intentionally directed against a co-employee, as hereafter explained. | |||||