This case has been cited 2 times or more.
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2012-07-11 |
DEL CASTILLO, J. |
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| Petitioner, in the present case, was L&T's CHR Director for Manufacturing. As such, she was directly responsible for managing her own departmental staff. It is therefore without question that the CHR Director for Manufacturing is a managerial position saddled with great responsibility. Because of this, petitioner must enjoy the full trust and confidence of her superiors. Not only that, she ought to know that she is "bound by more exacting work ethics"[37] and should live up to this high standard of responsibility. However, petitioner delivered dismal performance and displayed poor work attitude which constitute sufficient reasons for an employer to terminate an employee on the ground of loss of trust and confidence. Respondents also impute upon petitioner gross negligence and incompetence which are likewise justifiable grounds for dismissal.[38] The burden of proving that the termination was for a valid cause lies on the employer.[39] Here, respondents were able to overcome this burden as the evidence presented clearly support the validity of petitioner's dismissal. | |||||
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2010-08-08 |
CARPIO, J. |
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| Under Article 279[20] of the Labor Code, an employer may terminate the services of an employee for just causes[21] or for authorized causes.[22] Furthermore, under Article 277(b)[23] of the Labor Code, the employer must send the employee who is about to be terminated, a written notice stating the causes for termination and must give the employee the opportunity to be heard and to defend himself. Thus, to constitute valid dismissal from employment, two requisites must concur: (1) the dismissal must be for a just or authorized cause; and (2) the employee must be afforded an opportunity to be heard and to defend himself.[24] | |||||