Probationary employees ean be dizminsed any time plat the expiry ofthe probationary period ™ The provision of Arte tof the Labor Code Ut ‘probationary employment shall not fs (6) monthe" means that the probationary employees May ‘ismiated anytime within the si-month porioa Thus if on th ‘or 4 month, the employees are found t be unt for the ih ‘an be dismissed In ay case, th dismissal must be done bli ‘apiraion of the probationary period, odherwae, thei eh ‘Status willbe converted from probationary to regular a per £206 f the Labor Cod, the pertinent portin of which tte ‘emplayee whe iallawed to work ater a probationary perio beconeered a regular employe.” Manila Electric Co». NLRC TTSSERA 198 Face: The rploee was hie by Merl ae moss ‘ pratinary sat for ve (3) mare Om the hy ISIRRNECO dmiaced the employee boca oft ‘roan ax showy he acta mt of the ine ‘otto inaeracons was unconpeaive an batho nie ‘Tanowerig tack ahs superis Issue: the dail wali? eld: The daniel eel Tho Sct hat he daminal sagem) seth the raion fe eth ‘iplymant dour as tnvaiat he Seminal Te roi ‘rel 250 ofthe Labor Cade that probationary empl ‘all nt exe se) month” mesa thatthe pratt ‘ples tay be, daminuod for cue anytine before the ‘purton of probtinary pera "Not Ente to Salaries forthe Unexpired Term IE the probationary emplosment is validly tr ths lpelsed pa, Ss enon ot ete ola a ‘unexpired tr. International Cath NLKe ie Migration Commission v 16a SCRA co acts: Tho employee was engaged on potty forapentdace(@) ont Ths) onthe threter Stet {emlnatd for flue to tothe standands or ela “Sips Gr NURG, 18 SCRA 96 Cay Pais Arma ‘ide —Teminaten ply "Toe emplayoe fle «complain fries mise Te Lae Ache upheld tho aly of the dma bat ordered the fempyer to pay the employes her sliie forthe woepied Bron of her peobatinary contr onthe round tht he ‘oath prbatonsry employment was fv deine erad ‘hich thewmplayer should ease lasue: Ie the employe ented to clases ir the ‘unexpired porn ef er probationary employment? Held: The employee Se oot elite to slain So ‘the unoepited potion of ber predatory emplrment A prohatioanry exployes may be dismissed fhe cause aa ie ‘fare the epirtin othe probationary paid Procedure for Terminating a Probationary Employee (2) IF the ground for termination is fikure to meet the standards for regularization, «writin notice must be served upon {he employee pre othe effective dae of trminatian (@)_ Ifthe termination is based on a just caus, the employer should observe the following procedural requirement dus proses (2) A writin notin specifying the offense committed must be served upon tho employee, giving them reasonable eviod within whi to explain thle side () necessary, hearing may be conducted to give the ‘omplayees further opportunity to preseet additional evidence, ‘wth the asistance af ene! i they 0 desire; ©. A.wrtton noice ofterminetion must be served pen the employes, indicating the Badings and conclusions that justify their termination. Art. 297. Termination by Employer. - Am employer may terminate an employment for any ofthe following eases: (@) Serious misconduct or willful disobedience by the employee of the lawful orders of his emplayer or representative in connection with his work: ee ok Vi Hae Impose he aber Coda mmendnt Dap eer 10s "eare 203 0) Labor Gadea8 Laportan an neglect by the employee of hl (8) Gross and habit duties; (©) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly ai representative; COMMENT The Right to Dismiss Employees for Just Cause ‘The ht to dimiss employes for «just ante stems from the principe that employers cannot be compelled to continue withthe Svormonfprna oy omens mane ‘ples and whone continuance in is pat inimical to hi ntvet nce he lw, protecting he hh St employees authorise nether opreesion nov slfdetrocton of fraser Misconduct Misconduct impropororwrongennduet, isthe transgression ofestalished and definite rule of ction, «forbidden at, 2 dereliction ‘tty, wilful in character, and impli a wrongful intent and not @ tere errr of judgment "Toconsitte just ease for dismiscl, cho misconduct mst Sa ceed yas Pans Bi 18, a ‘Ronn Trt Mri rang Labcs Union GR Ne L278 Ssgurqu el Norte Batic Cooperative . NLRC, 900 SCRA 289 anon ox sur rost automat 99 ‘teint Ear ‘Serious But Not Work- Connected Misconduct chat is serious but aot work-connestd will not warrant the penalty of dima, Brisoh Myers ee Paavo Facts: Mihalis n payee of Brit Myers, Dulas, sho an caployo of Brat! Myre wae the free efend Scheel Dulsnes atonded «dt meting of terres ‘Sanger at’ MeDonalés Alabang ‘Town Conese’ te ‘eting, Duldnea ined ot wil her inde. She it et {ar at BeDonlls and rode with Coss, When thy resumed to MeDonal' Dusincs saw Micherfs ar gad fee het ‘dr. Michal ated Cor nr thie, Cesar and Dulin ‘igo fom teat. Michal approached them tad hit ‘ean witha mol seeing whe ek. When Deine te {ointervene, Michael ndetally it her bend, reson her “Some ad tlhe cv ants at Seweiaed owpiaation fe sever dap Brat port {itsised Mihea for serous misoontc, ear asautng coompbyee 1a Held: Mech miscondust may sti, bu ite mot ‘rorkrolated. The incident inppened octede of company ‘remiss alr of ure McDonalds may be cose ah Did Michael commit & work- SS CA TT‘aon cobs OF iy PHILIPPINES ‘The Employee Mut Hold Poston of Trust ~ ‘The basi premise forthe damiseal on the ground of will breach of trust is thatthe employee concerned hada 4 position of ‘rust and confidence” ‘Tobe sure ll employees mut enjoy some degree of trast and confidence from the emplayer as that is ene reason why they were ‘mployed in the iret place. Employers certainly would ot employ Dertons whom they distrust. Indeed, even janitors mist enjoy that {rust and confidence if only because they ae the ona wh open the ‘cen the morning and close tat night The kes they held are the ‘mbols ofthat trust and confidence. In this renee they arsentrurted ‘wih the eare or protection of the emplayers property. Like the Jno, security guards also have access tothe employers property ‘They to, are charged with it care and protection, But janitors nd security guards are entrusted only with the physical task of ectng the property. The omployaratrust and confident in theme js limited to that minstrel funtion. They aro not entrusted with the duties of safekeeping and safeguarding company polis, and ‘ompany stereta, They arent privy to these confidential matters T., is the higher echelons of managemeat tht are cinsidered positions tf trast and conSdence becauee ofthe sensitive duties attached to the postion. Security guards and janitor do not belong in ch eters." ‘Similarly, ordinary chambermaida who sign out for linen and ‘thor hotel property from the property custodian each day and ‘socounta for cack, and every towel or bedshect uli by te tals ‘ucts at the end of their sift would not fall under the clue of ‘employees fr which ls of confidence would normaly apply. Kinds of Employes Who Hold Poston of Trust and Confidence — ‘There are two kinds of emplayess who occupy positions of trust sand confidence, namely: (Managerial employees ie, those vosted with powers or prerogatives to lay down management policies and ta hire, ‘transfer, surpend ay of real discharge, assign or dicipline Fis Aga Crortinv, NLRC, 211 SCRA 268, Tv. Court sop 48 R450 8 ‘Maden e NUNC aT ecaA Examples fomployos holding positions of trast are casier™ ‘sak teller Snancal controller fnene director "warehouse ‘San mina dee nalew taper aslo perro ‘iceman hota manager and’ Buautive Housckeopr of & Hota Indeed, the relationship of employer and employee, especially ‘where the employes has acces tothe employers propercy in the {orm of articles or morchandise for sale, necessarily ivelves trust land conBidance A aptly hold the nas of Philippine Education Ca {Union of Philippine Pducation Employees “The mlationship of employer and employee xpeily shoe the enplyee bas aero the employer's property it Weta ctartdas or mechani rai, tenancies trast and condone reid merchande a st an ai os Sesomaby strated to asd employe, and be barged ‘tte, even he agua f in charge ov reasonable Bier ene, 2m sora Sra Dag Comoran» NEC: 4S SCRA 182 "Calin Plipoe Natal Bak 9 SCRA 25; Ad Ban. Cast, ‘anak Pie. Sun S7GSCRA 226 “Rte nig Orpen robes Nairn dame ct mleepe oa eee ‘SS Caapeny matric Tent hs oe the spec pec Src ‘theca Gartner as cone gatas nae, imine vious ot mins ry del in meetin {ier oma thecrme Taping beng nd plang had ‘es eens sud interminting iaoarvineea» NEE SCP [Bs Penson = NLR 89 P a) "San hg poraton Dat Mini of ar, 288CRA 6 ‘run ab SRA 1 ‘ips NRE 16 SCRA 28 rane ope sa Pa ‘Sisley Shang Lats Eee ln otal 65 Pi 2 ane aoeoube, when te employer hs ls ondenc in hm, it woul [ehh unto require cl employer to contin epeying im sensation hat ens, te nme might Sn ‘sey pret emp ates par an The Breach of Trast Must Be Wilifal— ‘To warrant dsmiseal on the ground of Breach of trust ‘he vilation must be willl ‘The breach ia Wilf is done Intentionally, knowingly, and purposely, without justifable sacuse, a distinguished from an et dane eaelasly, thoughtless, Iedletly oF inadvertently Wilfal brosch of trust is exempliod by an employee who displays arrogance hostility, stubborn and uncompromising stance towards the compaay, coupled with the act of reading of what ‘was rupposed to be a confidential letter between the counsel and Airecton of the Company = acts: Balas, sank nde employe, wrote ears ‘omanagementcomplining hat Trarone he Administrative Manage hunted ter nen she reported beck to wrk afer ‘ecuperting fom a boat of uberedon. Trsenn thestened {Dlr Hbel cone agin! Sena fr allegedly yg tetany fer reputton and credit. The Company ave Tirana pera eben ee ay sees guns Balms ar the management balees that rues Fegaeliog mplayer relations are best three ont within the Company, se ssurting Yo Ina ston wl ot sim but truley cxaerbate the proba Tisaona.eeetel this "Bove, There, Trans cousn cet demand eters to tho Company and Balan formally domanding payent of F2Milon in damage, or injured foeings, serve ent and Teme puttin thet be now suffering. Fo din, th Compan dsm Teoma for wilful bench ora Tae: Whether Tirana is gully of willl breach of eld: Tirzona is euly of wilful breath of tus, Sho hus given the Cenpany ore than encgh reasona dstrast ree ava poox-sx— ros minions se Tiel Tomtaan Rap tex The ara and iy he a shown wa he tompany and ber acorn, uncompromising sacs jie ter diate rm cmploymen ‘The Offense Must Be Work Related - [Not only must the violation be wilful — the set complained of must also be ‘work-related’ ax would show the employes to be unt to continue warking for the employer. Ir the violation isnot work: related, dismissed is not proper 7 PNCC ating 197 Phil acts: Matias was employed by Construction end evelopment Corporation fhe Paine (CCP) Dang ie ‘enpiymet with CDCP, arcu pares lad stated Dot ‘arly Baidnon were placed In tho ares ef some eplyees (Gelding atin) sa trustonstoesbleCDGP orm lenders {han what is allowed forte aera buses Later, CDGP Teame a goverment owned or spotled comport, The ‘me of CDCP was hanged Paine National Costco Corpration (NCO. PNCC atered a rateeschnent rosa ‘nd Matas valde sal progam Alter thelapa of oe {San sven (7) yar, ro former CDCP employee ene the Juss of Mating and brought with them daly acomlihed ‘Beuinants and Special Power of tonne fo biscgeatare aed {afore hin Gh the lands in Bunce Ns sam Tandowoe) war ore bythe ComprebonsiveAgrtan Reem ‘ropram: Mate rlutantly sige the docu, Thee, fhe Repnter of Deeds canclled the Orginal Cerificate af ‘TaleNe 051318 ander the name of Matias and ined a em ‘Transfer Cerin of Tila No T-A6L41 in the ae af the Republi ofthe Paipines, nth tho Lane Bank giving Maes {7102.56 96 and bod wert al, ©7848 ae ayant of Land ‘ransfor Acqua ‘Thereafter, PNCC rhivd Matsa Projet Contre [Nat og ater the Head of he Realty Management Grau [PNCC lied Matias fo his often and showed hit Inting of parcel land which iced insane Matas was sed to ecto Deed af Asigment Sn favor of PN potaning to tho ald propery. Matas exccuted an Asia of eal Property in favor of PNCE for s consdorten of P9008, Is the Deo of Assament, Maine werent te pure of and fe from ay eo ecumtrance. Aw sont att PCC demiseod Matis fr iil bresch of tram aligeds bucase ‘Mating assigned the came property to NCC éeopio bis fullIznowiadge thatthe tie had alrendy bee tranaered to the epublica the Pippies, ‘Tea: Can Mati mised fr wif ‘eld: Matin cannot be diamiasd for will broach of ‘rant Uaseniay the portion af Matias na Project Conrlot eaulred text and conience, fre elatod to tho handling at calc expenditures or neem Howene, beat allegedly ‘ontting breach of tra nd con8donoe wae nt in ny may telnet he oc onctions ad espns a2 Pret ‘Goto Hons, be exnnct be ied fo wil reach ot (Gust Teeeete ut enue ir deine th a etgaind timc be related tothe perma of the dis ofthe ‘Unmet employes would show Wat be eat unl to ‘eatin working forthe ema ‘The Doctrine of Los of Trust and Confidence ~ ‘The effect of breach of trust ia lots of confidence. In the appliationoftedoctrinetlossftrustand confidenc,thetreatment fankeand Sle employecedifrs from managerial employees and thoae holding positions of trust. Managerial employees and those hhlding positions of crust owe a higher duty than those performing Tow level tasks such that tho mere existance ofa base fer believing ‘that they have breached the trust end confidence ofthe employer ‘would suffice to justify their dismissal, But when it comes to rank: {nde employees, dlamisal due alas of confidence requires that {higher prof of involvement inthe quessoned acta™ In applying tho doctrine of loss of confidence, the fllowing sidelines must be abeerved (1) Loss ofconfdence should not be simulated: (2) Ie should not be uted as a subterfuge for aus ‘which are improper, legal cr unjustified; (8) may not be arbitrarily asserted in the face of covershelming evidence othe contrary; and (0) Te must be genuine, not a mere afterhought to justify an erie ation taken in bad faith ler Ml Caertion NLRC 11 SCRA 85 Tian Cut of Avo Sa SCRA a 8 ‘sna Shang, 504 SRA 13 ‘aie NE 208 RA 76 ‘Greist NLEC,296SCRA 687 Unlike th ther just euten i diamine, trustin an seaployso, once lst, is difelt, i ot impoasble tren ™ That i why the Tole of reinstatement isnot avaiable to an employe dissed for ows of condones. Reinstatement i simply ireconclable with trast ind confidence Indced, itis highly unfair to rire employe to continu employing such employes orto reinstate them, for the ‘rapoyer might find it necessary fre protection to employ another person and Keep an eye on thes ectiution cannot restore the trust that has been lvl [Nathor can las af confidence be reertablihed by & promine to reform. Heinstatement cannot be juried by anguing that anyway no pecuniary damage was ruffed by any of the partce at the ‘employees returned the money or had expressed ther willingness to make emonds, Such acte would neither mitigate lability nor bltrate the lee of trust nd conden. ™ ‘Bxamples of will broach of trust: ) Dishonesty ~ Diemisaal of dishonest employees works both ways —it protects the interests ofthe employer as wll asthe interest of labor. When thet or pilferage of smpany property is ot controle, the viability of the employer is endangered. When the ability of the employer is jeopardized, the security of tanure of tmployes is likewise imperiled" Lasity of employer's acoting Drobedures eno excuse fr dishonest." @) Misappropriation of company funds "To justi dissed fromemployment, the misappropriation ned nt becomalted inthe legal sense ofthe word. This is exemplified by th case of Sox Miguel Corporation u. NERC In this case, the ealsernn of Sats Migel figured in vehicula collision, for which serine! case of Reclos Impradence was fed against him. San Miguel pave the sales 77,000.00 eash for his bal bond. The case was evenly dimisoud because the insurance company paid for the damage, The sales haa Supls Line AB SCRA ‘Calin spp Natal Hal SCRA 280 aa pn i Use oie Batis Ppp, 7 ‘San Me Capron NLRC, 148SCRA 196 uv Ste, noschA 28 “ternal Haron ese Ce Leng 7 SORA ST 873 SMe penn ME, 1B0SCRA TS‘then withdrew the bail bond, but he di not immediatly return the ‘money. Ho returned the money aftr the lapee of more than one () year and only when the company learned that the amount has slready beon withdrawn, Ths, Sen Miguel dismised the lesan tn the ground of misappropriation of company funds, The Supreme Court upheld the valsty of the diamieal even though there We ‘ho proof that the salesman convert or diverted the mone) fr hit ‘en poreonel use, because the salenmaa wae not jusifed in keeping the money for more than ane () your It was incumbent upon hin to return the amount upon it withrawal, (9) Corrupt practices An employee who engages in corrupt practi, such as accepting money from & contract, is gully of will breach of trust. More ao, if commit by, managers, Managerial employeos are expacted to conduct their business love reproach and to avoid not onl impropriety, but also the appearance sf impropriety. Whether the money was voluntarily given in {eogniton of past favor, immaterial. Mere secoptance of money fom tho employer's contractor will est doubt on the employect! integrity and wil severely compromise ther impartiality. Fr the possiblity cannot be discounted that aa uid pro quo to such eeplance, some future fvore might be asked iy the employee Which may somehow be dtsimental to the eaplyer' interest, In the case of Cooile ». NLRC" the company engaged & conteacior to install the Private Automatic Branch Bachan for 165,000.00, Whenever the coatractr would ask for cash advance, the Project Supervisor would retain P5,000.00 Fr talking kickbacks ‘om the project, the company dismissed the Projet Supervisor The Supreme Court upheld the validity ofthe demieal, considering that the Project Supervisor oocupied & sensitive position that requires {ll rust and confidence of his employe. In the case of Vilawweva u. NLRC the Supreme Court ‘pheld the validity ofthe dismissal of the Asounting Manager wh ‘domanded 2,000.00 from the contractor for every work onde (0 Confit of interet~ Employes who assert an interest in cant with that of thee mplayer, commit breach of rus, hence, ‘ismiasl from service is warranted. Bvery employer has the right to expect Inyalty fom his employes, Implicit in an employment ay “aed Pa ioe ‘ideo a ome relation in the undertaking that emplyees shall be faithful to the intrest of the employer during the term of thei enplyent, "Therefore, when employees deliberately acquire an interest adveroe to their employer, they are disloyal, and thee dismisnl is juste. Forcxample, an empleyee who enabliahes a basinest which directly ‘competes with the Busines ofhisemployer canbe validly dismissed for fl breach of trust isle International v. Court of Appeals io Phil ase acs: lale International ca company engsse in he ‘ele and ditbuton of Tandany Hum Galan war amplojed by ‘ial es alnsman, Dering the ter fhe caplet wih ial, Galan eotablisbed the “CG Esterpian™ which ad ‘TOY Rhum in vc competion wih the produc of alse ‘hu, Hizalde amlaod Galsn for will each cf tract ese: Te Gan uly of wif reach of tas Held: Galan guity of will rach of trust His ct of seepage al fa thin eove ny be dnnbend In the cate of ABS-CBN Employees Union v. NLRC. the ‘cameraman of ABS.CBN did not report for the tuping af “Kris ot 18" because he rendered sorvceto rival TV staio forthe taping of "Supermodels"The Supreme Court considered this at of rondering service ta rival, asdisloyelty and wilful breach trust Confit interest may slo avsofrom bavingrelatinship ith an employoe of « competitor Inthe case of Duncan Associaton of Detaitman us. Glas the Supreme Court upheld the validity f te Aiamisal ofan employee far having relationship wih an employee at ‘competitor, in violation af tho company policy prabibiing person] or marital relationships with employees of compeitar compat, ‘The prohibition i roaonable becaucerelaionshive of that mate‘might compromise the interest ofthe omnpany. Employers have the ‘ght to guard its teade screts, manufacturing formulas, wane strategies, and other conidental programe from competitor." employers can cinqualify applicants for employment ot ditiat employees who get married to employees af « competitor What fought tobe avodod isa conic of nteest that may arise ou ofthe relatonship. (©) Fomenting distract and dicontet in the company — the case of Reynold u. Ealaso™ three anonymous letters were ‘Grvulated. The fist leter called the Executive Vice Proident 8 “big fo, vtczed his alleged unfairness in giving calary increases and declarod “that it now Broun in busines civles that you ‘are onti-Flipino™ and that “your emplayees are fervently praying {for your replacement. The second letter was ofthe same tenor the first. The thir letter informed the President, and the Boor of Directors that the company wes headed for desiruction because ‘ofthe mismanagement, inefficiency, lack of planning and foresight, petty favortiom, dictatorial polices, mean rule, contemptutis ‘attitude to labor, anti-Filipino alterancs and. atten of the Esrutive Vice-President The Company found out thatthe euthor of the anonymous lettors was the Personnel Officer. Thus, the Company dsmiscd him from service, The Supreme Court upheld ‘the validity ofthe dismissal beeaur the Personnel Officer breached ‘the trust and confidence repose in him. The Personnel Officer ‘occupied inconsistent positions. He was suppose to be cn the side of ‘management, considering that ho was « managerial employe, But he also wanted tobe an the side of aber. Hence, the marmgement had recon to oe eonfdenve inhi, Commission of a crime ‘The crime must be committed by the employee against the person ofthe: employer (Le, owner), (@ immetiato momber of the employer’ family (en ‘arena, spouse, children, brother, sister, grandparents nd ‘randehildren\ or “Coin, prestinign oe cin aw ae cose fly sneer bc tn oo rast mee a ht Tentseea nama (@)_authorisod representative of the employer (es. ‘managers and supersisors). ‘The crimes contemplated are crimes against persons, ia, ‘murdor, homicide, giving assistance to suisde,dacharge of Sear, infanticide, intentional abortion, challenging toa dul, mutilation, hysiea injure or rape, Other crimes that may be committed by the employee against the employer each te those ageinst property, chastity, honor, persona liberty, ec, wil till eonstitutea valid cause for dismissal, but under the category of serious misconduct or as an analogous Article 287 (@) of the Labor Codo stats “commision” not conviction ofa crim or offence. Thus to justify the demiaaal of the ‘employee, peor conviction isnot required ~ mere comminaon ofthe ‘rime is enough, ‘Analogous Causes ‘Tobe considered analogous, the oflense must have an element to tho jut causes enumerated under Artile 297 of the Labor Eeatples of analogous esse: (0) Unreasonable tehavior and unpleasant deportment in doling with the people she closely works: This analogous fo strious miscondus Cathedral School of Technology v. NLRC ‘a ScRA ser Facts Valles sought simian as an sptant o the Ccongreestnn ofthe Religious af Vien Mary GUND, Later, YVatjra had hnngs oar and confose to heer fhe war no oho interested in becoming & nu. She pnd, weve, t be allowed to continue living with tho sisters ‘cause se ad ao eer plac say. The Sisters wold and ‘Vallsior was fray ired as brary aiden he Cathe Schl Teng run by the RVM seers Lata he sisters ‘ean reciving complaint fom studenten empiyece about alors dia persnality nd sur dope at wore ‘The mots Chie Librarian resigned boeatse of imconae Teast ere NRG 214 SORAAiterences with Vabejer. Hess, Vallejo was summenel fo {he Ofc ofthe Directs where she wa inane shat the negative opr regarding ber soa working ate ‘rth cvwarkars end siden She yas seminal aout te Proper atte nnd behavior tat shld tabard he Interest of peace and mony in the hal Kies Valle smi the ltratcn She war cmplaly amet ‘gy, Whoa walt forte meting ona she sored inascne aeaym Meld: The dnmiosa i vai Alngh th te was ot sonmtod aginst Company al ut aint eo enpliyes Iomehal, Aris 207 ofthe Labor Coe talks of ee ‘ialopouscaures, Tht commited by an employer agaist {pet ter than he let, aga ose (9) Obesity ofa Aight attendant, when placed inthe context ta the ice in dieourtoousUeegardandeallou dba ok of hig work becomes an analogs cause for terminating an ‘thoy. "Ths, Vallojrn wae ormally infeed that sh ba ‘employment under Arle 297 (e) of the Labor Code. His chesity {onthe lok fr anther job Valera then led splint ‘nay not be unintended, but tis nonethclens voluntary ‘Seog! amie sue: Whether the minal vali elds The dismissal i valid. Vanora woe mind Secuusn” af her anreaunablebobuvar” nod unseen eportnent in dealing withthe pole abe cy works with ‘hire unalogous to sareua mised Aste eel i un iy nligous order, good beh, und proper deporte ‘Specialy amen the Sunk ofr own sugges tr aor Sensierntions tn the fulisent of ite miasion, Under the Sicumtances, the sstere cannot be faulted fr arming Valjrs whoce presence bd proved fob Serptve of the armies caper of th ha. © ‘Theft committed by an employee against a o-employee is snalogous to serious missonduct =" “ohn Hancock Life Insurance Corp. v. Davie seaScRAgn Fact: The corporate eflre manager dicorend that ber wallet which contained br ered cade was mising. She Immediately rpetd tbe las of er cet ear ote eat ‘ir companies To har suprise, sbe wa informed tha ber ‘ds had jane boon ued in aso stare nto City of Mel ‘eof wich was Abensons. The acy vide om Ansel ‘Showed that te person who ed the cit sur maw eo. ‘euplje inthe person of th Adsiitative Ofer. Tas, fe Administrative Otier wer demise. The Amitav Otter fled compli fe ep! dmc. ue: Whathor the dismina iva hn Hank Li nsrns Cap. Dai, S64 SCRA 92 Yrasuogul v. Philippine Airlines SCRA aT cox Yeates wax a fight stfendant of PAL. He stands 59" with « gs bly fame. The proper weight for {man oft ght and ody Heute rem 147 Yo 166 Sounds he ideal wight ting 168 pound, ae mandated by fh Cabin and Crow Adminstration Manual of PAL. ‘Toe ‘eight problem of Yasue stared Sn 1964 Back the, PAL ‘vant him ogo ce a 2 month vacation lave to adres Me ‘weight coeras Tease find o meet the conan wight andar, prompting another leave witout pay fr ight) ‘mon Rimestars he was sleet the egused weigh, But his weight problem reerrod. He agua weat on month leave withnat py. Before to expiration of the tinea eave “Vesna underwent weigh choc netead of sing he pind ‘right Me weighed 215 pounds which in 9 poonds bese the Tint Comeqeendy, his alfdaty stats was stnned. Bight (8 months afer, Yigal weighed 217 pounds Be ne for ‘hres (@) month to tes dwn his weight. Despite pee tf the Yononth period, Yeasuoqul romaine verweh Thar, bee inbred that be wil remain rounded a uch te ‘het heaton campie with te ee standard Ar the laps of else Eve) year, Yeo tl wighed 219 pounds way ovr the Lea! weight of 100 pounds Thus, PAL, rally trmioated hi employment. Tamu Is the termination of Yeasgult employment aa Held The erminationofYnstepa'sempbyment val. ‘Meche of Yasue When placedin theconosof hie mek se fight atenaoy, somes a analogue suse ued Atle Toa: tein iin 59 SCRA 47291 (ofthe Labor Cae ts justifies hi milf the servic. His cesity may nl intended bate poles ‘eluntry Vlutarines bly means chat the jst case ‘oll itebutable othe employes witout sy eater fer ‘nfucocng ocntzaing i tia, (Cross negligence Is analogous to groes neglect of duty. sure acts Pin wat a goand equipment pert ef PAL. ‘wae asignol to ow the Bing "17 sera fom the PA ‘Tech Carer to Bay 16 aera the NALA Pinel tome te sireraft beyond normal sped end comply darned te seeming ignalaf themes of hemi cew As el ‘he sipneealded withthe ay 16 brie casing dang ‘heat et landing ihe wing op, andthe No, Zengne ‘Consequently, Paula was daniel fr fos epigense Tue: Weer thesia i val elds Th dismal ie vai Ting an sirraftia a group ‘siviy which estates group xrdaation. The Enger Manual ‘ttes, “that the tag eperatr must undertae dnd ot ‘continue on oni pushing pracedar ony shen ot il onda wit ll guideman pure" inl ot of tng teond normal seed and he daregard of he warsing Ses the meters he towing cow eros negligence Wich Serrted hs domi. (©) Gross inetficieney is analogous to gross noglct of duty, ‘because both involve specie acts of or emision on the part ofthe ‘employee resulting in damage tothe employer or fo hi buinces =" (@)_ Aside problem is analogous to wilful breach of trust Employees who cannot get slong with their co-snployoes cal _upest and strain the working envionment, hence, detrimental to the company. Without the necescary teamwork and synergy, the organization cannot function wel. Thus, management has the prerogative to take the necessary aston to correct the situation tnd protect ite organization. When pertonal difeences betwoen employees and management alfet the work envionment, the pease TSR, a. ea Lin’ NRC 29 SORA 7” Tie Terman oat of the company ie afected Thus, an empheye id ground for hi terminaton, ‘of trunt and confidence that mnt duly prove bythe employer mmoraity Immorality refers to a conduct which does not conform to is moral or immoral should be determined aot fom the rsigions ‘perspective, but fm the public and secular viewpoint. Te esson ts because tho juriadiston of eurta i confined only to public and secular morality. Arordingly, when the lw speaks of immoral ‘or disgraceful conduct, it pertains t9 public and soelar morality, ‘and not to religious morality. Pubie and secular morality refers to Those conducts which are proscribed because they are detrimental to human society ‘The act of two @®) unmarrid employees in Living together without the benefit of marriage is nt immoral fv the seclar ‘Viewpoint although itmaybe immoral fom the religous perspective. Similarly a teacher whe marries her student despite the dieparity In their ege isnot immoral. But if two @) marred employees engage in extre-marital relationship, then there is immorality bots fom the religious and seca veweist (Chua-Qua v. Clave acts Bray (0 yearold) waa teacher, Dbly G8 years wat her sfadent. Brey and Baby fl nove, ad ey {5 marid, For Sstoraiy, sues aol radar eeconing {a digiedsehelteachr the sco dames Evan, Tae ‘hol argod that Bly dod all sandarde ef deny, oo Srantage of hor potion as schoolteacher, ad lard a Grade ‘ito andor her advsry etn and 16 Sears hero ints Issue Can Bly be valilydaniaed forimorsliy? ised or inmisiy Faling noe with a tudent not seems moral te ‘wo evenly ih love, dealt the apart ste soe ‘Tie Manne Cor Appel, 510 Pa 5 ‘Loar 8 Sle Calle Weatgro,762 PRL 1snd send loves thia only eds etn tothe tums {hat he ear ins reson af te own whith rns dos mot Know. Bt ying tot uae and univera eon tot toe oo casually equated with immorality. Te davinton ete Grsumetanot fh igs heal soa pte ‘nme be considered ana deanovofcantemporary ita, Santos v. NLRC ‘80 Phi so Facer doen marred man, was employed as tech. ‘Uke ekg ace tse a es Ai, ‘marid. In the course of their eapiytaen, doe ed Arlene hed exre-marial relationship. Thus, dose and Aden ‘ere deine or immorality Tasut: Dos th relationship Inéween Jove and Alene ‘consti morality ts Warrat seminal fase? Held: The roatinship bnewoen the done and Arlene 4s Amora bth om the religous pea view and or the soci perspective, and thereon & valid saws for demon ‘The graity and seviusnes of th fee te fen hele ‘wing tarid (oan) and at the sume tine teacher ‘A tates they sould serve ae an etme fo tel ups SSE das ic tre om Thy tc nowt erating sanders ef morly and dececy. Teachers, wah ‘thee ofl and portonal candace, must Scpay exemplary bettvo. Tho peru behavior fencer, In cual "he classroom. must be bend oprah Asrrdingy teachers Ist aide by s standard of paral condut wh ct cay rons the commission of mma sy Pu la pete fhe cong spon of nora bc of the arf impression might hae the ade Concegceaty, hn echo ngage entra marital reach copecally ‘he the part are both mare nach Behav Gant immorality, justine tha Sel Pregnancy Out of Wedlock Pregnancy out of wedlock may be immoral fom the religious perapetive but not necessarily immoral from the public and secula ‘viewpoint. In determining whether pregnancy out of wedlock may ‘Warrant administrative sanction, the folowing circumstances mst ‘econsidered (Df the father and mother of the child are bath ‘unmarried, the woman will net be liable for diegracsful and ‘immoral conduct It may pot bean ideal situation, but it docs ten eve couse for administrative sation beau there is no Inve which penalizes coneonaal nexual activity botween two unmarried persons ©) It the father of the child ie married (tow woman, ‘other than the mother of the cil), then there is eau for ‘administrative sanction against either the father or the mother Tinsuch a ase the digracel and immoral conduce const of having extramarital rations with a married person ‘Cadi. Brent Hospital and Colleges GR No. 187417, February 242016 acts: Cada wat the Hunan Rear Ofor o Bent pala Cth Name pat ot wealock by ber boyend Baha tage and ed ho Inpediment to marry. For petting prop out of weds, Cadiz war placed om indefinite sumpenin. The indent ‘sopnsion ea let tl eh tts tat sb oeies het Spriend. According Yo Brent, thi inn omsoanes withthe ‘alicyegintensuraging lt ot common aw ration hat ‘ould subvert the sacrament of mariage Iomue: Does Cais prognaney ot of wedlock cote Immorlica ber indfnt sampenlnt” Hele Tho mort that Cac at doesnot conform to ‘ho trial moral vews of cota vin nso ‘ot ficient reason to guy uch act a amoral Coli ad te bfriend were oth singe and had no lol inpatient (© mary atthe tine she commited the alge ioral fond he fc thet Bent a sctarian stn dos ot ‘somata subet Cie tereligious sender oat Fees sa hin ttn ncn rs Inve inpeiment to tary each cher, ond, oe, ‘soesving a child ut of mek, ened fom 2 pel poles ‘td eecolr view of orl deca not smote o pga ‘immoral conduct. Meno tho definite suspension Cadet legal nd smnunts lo contrctive damsel Lousy St Scholastica’ College GRIN. 187225, demuary 26,2015 ots was a mol of Shin's Cage ‘Wesgrove SSC) a Catharosventonal inne Lao ‘er byftend Goth amar) anceved aed wi wed, ‘When SSCW learned abat her pegmany, Leas wa dionssed "oma Ram Fa— LABOR CODE OF THIF P10 any for disgrace and oor conduct allege bane Lous Bremnancy out af wedlock ran punter to the moral pel {hat SSCW stander and eno leme amar: Does Laut! pregsanc out of wedck cna ‘moray to warrant he misal” eld: Les’ pregnancy out of weilac dent costiute Immoraty beeaue sho adhe Ther here hae 10 impediment to marry each ether Thre ie no lw wis rales an unmacried mother y reesn abe oct onact ‘here eno law which proven th ancensual ered rey ‘tree tv unmarried persone Admit, Laue empl ‘an edveationalnttaton whan the eacings an netons ofthe Catholic Church, Incedng that on prema seraat olaons, iv sty uphold and asa to the ean, Het Indien, which rvuhed in her pegnaney oat of week, ‘anathema tthe dcrina the Cable Che Hosa ‘viewed aptnst the povaling norm of emus Lear! Sa ‘xe crn rl ime Seu ck ‘edet sot denounced by pb sod sult meray easy tan unomal arrangement, but ioral ene acre ioral within the contemplation of thea, To strep, ‘aia sual relations between to comeing ate St ‘ve no impediment to mary sachsen nd. tonemeety, Sonosving hl ut of wedck,exapd fom a puch pede in esa ve of mor, eso emaet ts Sagal Sexual Harassment Sexual harassment is the act of demanding or requesting sexual favor, bya person having authority or moral aseendetcy over ‘nother, regardles of whether the demand or request ia accopead Sexual harassment is a valid ground for dims) of an employe, Section 6, Rule IA, ofthe Rules Implementing the Labor (ode considers sexual harassment asa serious miscondce Under the Anti‘Sexual Harastment Ac sexual harassment can bo committed (0) inan education o training environment; or ©) in aworkrelated or employment environment TSE A Sl Haan Att 885 ‘patie at eT Sexual Harassment nan Kaan oF Training Bnvironment~ In an education of training environment, sexual harassment ‘a committe 2) Whon sexual favor ismnde ss acondition fr giving of ‘passing grado, granting of honors and scholarships, payment of benefits, privileges or considerations; (2) When sexual advances result intimidating, hostile or ofensve environment forthe trainee or npprentice In an edueation or raining environment, the vitim can be & person who s under the care, custody or supervision ofthe offender, or «person whose education or tring is entrusted tote offender ‘Sexual Harassment in a Work-Related Environment — In a workreated environment, sexual harassment ie commited: (2) Whon sexusl favor is made asa condition fr hiring, ‘re-employment, orcontinued employment of an employes oor ‘ranting favorable term, conditions, ot prvlegen @_When sexual advances impair the employee's rights or privileges or result in am intimidating, sto, o olfensive environment fr the employee or (When refusal to grant the seal fvor results in discrimination, deprivation, or diminution of employment ‘opportunities or otherwise averse ast ead emnpayes." In work-related or employment environment, the vitim can ‘been omplayee or an applic fer emplayment, ‘There Must Be Superor-Subordinote Relationship ~ Under the Ani Sexual Harassment Act, sexualharassmentcan be committed only when there is superir-subordns relationship, boca sexual harasment ie not about a man taking advantage of ‘worn because of sexual desire iti about power wing enoresed by a superior ofcer over his subsrdinates. The prwer emanates ‘rom the fact that the superior ean remove the suboninete Eom hi ‘workplace ifthe later would fefare his amorous aivancea =" The TG Sia An Sean Harmnnt Act 198 omnia CA SST ECRA IT_ ee ea sravamen ofthe offense of sexual harass not the violation of ‘Sexuality bt the abuse of power by the superior" Inthe mond fhe Supreme Court in Domingo v. Kavala sexual hntenoment an imposition of misplaced supeionty (Civil Service Commission v Niereat ‘as Sci Foca, The Saclay a the Lod Water Usa ‘Animation UWA, ms sare yi cp te {arenas ath organ as des Wa Be ‘vale Tucan Cp she UWA sens {Bite Scary tthe Gener] Mane eee Gotar Waser Dunc Te Scene Soe Bee Miotewe where she woul bo nate apo Stet Managed tnt broad tcromineher ints eee atin elie preceding te cu hse he Some ‘ge Wout he Seay tise See Manag dl dehne Spe nth the as Meee 1000 pin the Serta. aitaly Pang te a a pind he Genoa Moet tha th ced aes ‘rst baum ree he mht Ba esl ost ‘ak the Goel Manat gv ara cringe see {2a pln md wes tal Ore Tho ey as het comer ebony oc hc et ae ‘sour midi, te Scot wan ates when Gerd Monae id own ds Ler and a ete ‘ar ako Tobe arr hon the Genesee ‘shed wih is ps areiyunsjpes e eoney et ‘ene ot th Gon nagar fled Rees ihe Str reamed at Sok ath he ene Menus sooyed bing od pulleg her toes et ‘cht harntmt a id gin te er Sa Taro Wo the oneal Manage gully of nx harassment? cated orf NA, goty, Yeceae thee wan ab swore futons Sinsip. ‘Te Surty tad te eee ‘Maser wes ae enplyed wih ie sane ne oe sumo be aid atte Gna Manage Ea pat iar eal vrs rote Sry Bt the Goa ‘Manager is guilty of grave misconduct, boo) TPilipn Ants Auton» NLR. 81 SCRA 287 ‘aoa ae ‘Neonat onl cts The Matarils Manag of Caden Dun inte tho cektypiatfrn dinner Having boon eplyed fr foe Inno te ler: estan cape te station When they wore Rinsho the seep though that ho ‘wuld ten home but instead the Manager brought be noel The ed the Crk spit Tse, Inher Ngan Teer she sreated what the Manspor hl her", the Company dmv the Manage. se: Whaber he diet nai Hola The dsl i vd Managerial employe are tound ty amore exctng wok et, The Manager le live Pretec mantel apna mn be ahd 10 his moral perversity And when such moral pavers i Ferpsrsed aft hit suhoronn, he peeiee nur (oud fr his nied ete diy of rn eaplape otc its employee om over axed superar Floralde . Court of Appeals ‘SwiscRAgT Facts Three renkendfle omploees fled tru harastment_cartes aioe the. OIC of the Africana ‘Traning Taste THB FIRST EMPLOYEE dared tha 1 aound 400 pm. atthe anno ofthe Direcnes Oe STG ey ap ta ne Pt ‘Gen ths the OC sly harm eT ONC weld share pinch hers bersde Cnet ber bs, and whenever they met he cre, be weld mae wt atougs he ‘uid embrace her THE SECOND EMPLOYEE dere thet Jelee pean hep on pint ne gtr a Or alia po ya ao naka a hinawton wnat parte 1 inci bgp chong hinaihon be Dinah 2 ona een oa Nn ene kag appainmen dh onl lng po oho“ Partherore the O1C wou sommes ame in Jari a ek na fresh pa aah wuld ser. ‘tna ngs eh gogo fo AL one tne, was watching ‘elon ana when se fa scneon uk hr Bock tod ‘he ae eed cvs OC wb i TEETNE THIRD EMPLOYEE deciged that be DIC wld sdenly embraced at and thts “awine maaialgay oe {abi oa baw ot Ne CR lan eumugots Me Rama ot lnadalma ng pt a stoasobing Putine Eo M3008in enough thatthe act fonuled allie Am neat ab nog he na ‘dot white maona pant galing ahaa CM bien oeenen 2 Mr, Reema of dino on aking ibd Toe ep {han charged the O1C wih eneal acne Tanue: Whether he OIC i guy of sexual bargains. Held Consieriog that there was superior subordinate ‘lationship th OIG is gle ofwxaalharnennock Tees ‘canbe ally mind ued employment er fr promotion it in cresting an intimidating hostile ‘oroffonsive environment forthe employes” Domingo v:Rayaln ‘ie SCRA 90 acts: Raysla was tho Csi ofthe NURC, Domingo sri a StcoerphieMaportr st te NLA. Tn ‘stmual harestent apna Byala, Domingo tegee ea oan sesterymtng a 5 Se ibang pagkakataon nilapitan na ako a ‘Sma hate ning alle ay Scagaiktagen eee UM Mabanenagtbiny 8 Noone sk-10 ng Setyemire, 1008, sx Inutusan so nl Chairman’ Reyala i sumseed Sh 4peng alld, Nong nase sid u Kama nl spe ot haan: Lot he you bt Nai an lahat ytd ana Na Chairman; Paskatpce mo ng kur mo ty umub kn ng Law at ako ag ahaa Binesing ko pa ag’ Charman rainy Ral, 8 808A 99 ‘eterna pro ty humo st non ttane Amerane tion nab Romesto bo po Sa ora ty pegantnlannt Nelo se Untabehan hapa hind he Gaeng ang oe ty Inka dips sags ting na oe toe Peoenea at igesiseam citer inv gr Saba oss Chan: Pagina mo age mo ag pore ‘ywekong may aah ate Jat eben owe: pan, et Chicmen: Basa Mareming sino dyan bua But Edt g tom wl inl sho Semanal oe ania 7. _Nomg hiling ling ne Setymbre, 1006, ‘may tinanong in saan Chairman Regal sa Mind 3 ‘masiemara eto aking pgs) a ahashng pombe — (Chairman: Lt yh ive a? ours: Si, wala (Corman: Bake lak ang banking? urd: Kaye, Sr at Marea ang ay lives. ‘Chairman: Beit, eno be eng ellos sys? Laurdor Cathie, Sx Klann asl ma. (irman: Bait nl ind el. Loved: Si, i magpebael kaye. CCasirman: Huh. Thain na nen ain ang span. & _Nomg Obtubre 29, 1998 ako ay pumaack 10, Nene Np 8106, ky owe (Charman Raya ot kaniyang cisine upang aban tng aesyon sex Up ae Lapin stares kos Chairman hinewahan angaliweng balla ost pial rng Kaa tt ilagey nie anakanang nay ‘Nyasa kanang alata pl pa eraser Sy pinngapeng lye oo aang bho. gg, at - Pingapang Hanggun Rana ange a ha kt