This case has been cited 1 times or more.
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2015-09-23 |
JARDELEZA, J. |
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| In Apo Cement Corporation v. Baptisma,[67] we ruled that for an employer to validly dismiss an employee on the ground of loss of trust and confidence under Article 282 (c) of the Labor Code, the employer must observe the following guidelines: 1) loss of confidence should not be simulated; 2) it should not be used as subterfuge for causes which are improper, illegal or unjustified; 3) it may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; and 4) it must be genuine, not a mere afterthought to justify earlier action taken in bad faith. More importantly, it must be based on a willful breach of trust and founded on clearly established facts. | |||||