This case has been cited 2 times or more.
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2013-08-19 |
REYES, J. |
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| Daabay was declared by the NLRC to have been lawfully dismissed by Coca-Cola on the grounds of serious misconduct, breach of trust and loss of confidence. Our pronouncement in Philippine Airlines, Inc. v. NLRC[31] on the issue of whether an employee who is dismissed for just cause may still claim retirement benefits equally applies to this case. We held:At the risk of stating the obvious, private respondent was not separated from petitioner's employ due to mandatory or optional retirement but, rather, by termination of employment for a just cause. Thus, any retirement pay provided by PAL's "Special Retirement & Separation Program" dated February 15, 1988 or, in the absence or legal inadequacy thereof, by Article 287 of the Labor Code does not operate nor can be made to operate for the benefit of private respondent. Even private respondent's assertion that, at the time of her lawful dismissal, she was already qualified for retirement does not aid her case because the fact remains that private respondent was already terminated for cause thereby rendering nugatory any entitlement to mandatory or optional retirement pay that she might have previously possessed.[32] (Citation omitted and emphasis ours) | |||||
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2012-07-11 |
DEL CASTILLO, J. |
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| Jurisprudence provides that an employer has a distinct prerogative and wider latitude of discretion in dismissing a managerial personnel who performs functions which by their nature require the employer's full trust and confidence.[34] As distinguished from a rank and file personnel, mere existence of a basis for believing that a managerial employee has breached the trust of the employer justifies dismissal.[35] "[L]oss of confidence as a ground for dismissal does not require proof beyond reasonable doubt as the law requires only that there be at least some basis to justify it."[36] | |||||