Promotion of Employee Negates Charge of Loss of Trust and Confidence

Promotion is an upward movement of an employee. This is usually done due to the display of good performance.

Hence, it does not seem to be in accord with the decision of the management to charge an employee for loss of trust and confidence after he was being promoted.

The promotion of an employee who was dismissed for loss of trust and confidence contradicts the claim of the company that the employee deserves to be terminated. This self-contradictory position of the employer negates its claim of loss of confidence in its employee. (See the case of Easycall Communications Phils., Inc. vs. King, G.R. No. 145901, December 15, 2005.)

Further, an employee who was promoted several times and was given bonuses for his collection efforts and a compensation adjustment for his excellent performance cannot be validly dismissed on the ground of loss of trust and confidence. Such promotion, bonuses and compensation negate the allegations of inefficiency and loss of trust and confidence.

Loss of confidence has no basis if the fact shows that:

1. The employee was the recipient of numerous awards, commendations and promotions from the

   

   employer which he had served for two (2) decades; and

2. In his entire service to the company, he was never implicated in any irregularity or anomaly.

But in another case, the employee’s claim of having served the company for 16 years backfired because the long years of service reflected a regrettable lack of loyalty on the part of the employee. Loyalty should have been strengthened instead of betrayed.

If an employee’s length of service is to be regarded as a justification for moderating the penalty of dismissal, it will actually become a prize for disloyalty, perverting the meaning of social justice and undermining the efforts of labor to cleanse its ranks of all undesirables.

Unlike other just causes for dismissal, trust in an employee, once lost is difficult, if not impossible, to regain. (Salvador vs. Philippine Mining Service Corporation, G.R. 148766, January 22, 2003.)

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements