This case has been cited 2 times or more.
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2011-04-12 |
MENDOZA, J. |
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| The CA agreed with Lapid. The CA ruled that while it was previously held that casual employees were not protected by security of tenure as they may be removed from the service with or without cause, a recent case decided by the Court held otherwise. In the said case, entitled, Re: Vehicular Accident involving SC Shuttle Bus No. 3 with Plate No. SEG-357 driven by Gerry B. Moral, Driver II-Casual,[8] the Court ruled that since there was no evidence supporting the charge against the respondent therein, it could not sustain his recommended dismissal on the mere ground that he was a casual employee, "for `even a casual or temporary employee enjoys security of tenure and cannot be dismissed except for cause enumerated in Sec. 22, Rule XIV of the Omnibus Civil Service Rules and Regulations and other pertinent laws.'"[9] Absent, therefore, a proven cause to dismiss, the CA held that Lapid was dismissed without cause as contemplated in law. | |||||
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2009-09-04 |
PER CURIAM |
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| In A.M. No. 2008-13-SC,[7] the Court ruled that "a government employee holding a casual or temporary employment cannot be terminated within a period of his employment except for cause." We sustain the recommendation of the OAS that there is a sufficient cause to terminate Romero's employment, his gross recklessness in driving the shuttle bus having been established by substantial evidence. Moreover, the presence of mitigating circumstances, such as his length of service or this being his first offense, should not be taken into account considering that the paramount concern in this case is the need to safeguard the lives and limbs of the shuttle bus passengers. Incidentally, it appears that Romero is the respondent in another case docketed as A.M. No. 2008-24-SC. | |||||