GROUNDS FOR DISMISSAL DUE TO NEGLECT OF DUTY

LUFTHANSA TECHNIK PHILIPPINES, INC., ET. AL. VS ROBERTO CUIZON

G.R. NO. 184452, February 5, 2020
Hernando, J.:

ISSUE: WHETHER OR NOT MR. CUIZON WAS VALIDY TERMINATED ON THE

GROUND OF LOSS OF TRUST AND CONFIDENCE.

DOCTRINE:

Neglect of duty as a ground for dismissal must be both gross and habitual. Gross
negligence implies a want or absence of or a failure to exercise slight care or
diligence or the entire absence of care. It evinces a thoughtless disregard of
consequences without exerting any effort to perform one’s duties for a period of
time, depending upon the circumstances.

FACTS OF THE CASE

Mr. Roberto Cuizon was dismissed by Lufthansa Technik Philippines, Inc. for gross
negligence because of his involvement is an accident that resulted in substantial
losses to LTP. According to LTP

The case was originally filed before the Labor Arbiter which rendered the decision
dismissing Mr. Cuizon’s complaint for Illegal Dismissal. Mr. that resulted in
substantial losses to LTP. Mr. Cuizon appealed the case before the National Labor
Relations which AFFIRMED the decision of the Labor Arbiter. The case was elevated
to the Court of Appeals which rendered a decision REVERSING or setting aside the
decision of NLRC.

ISSUE:

Whether or not Mr. Cuizon was validly terminated on the ground of loss of trust and
confidence.

RULING FROM THE SUPREME COURT:

The Supreme Court affirmed the decision of the Court of Appeal with modification
that interest at the tax rate of six percent (6%) per annum is imposed on all
monetary awards from date of finality of this decision until full satisfaction.