Job description is one of the necessary ingredients for the dismissal of an employee for failure to qualify to ensure that reasonable standards have been made known to employee at the time of engagement. An employer is deemed to have made known the standards that would qualify a probationary employee to be a regular employee […]

Due process under the Labor Code involves two aspects. These are the substantive and the procedural. Substantive due process refers to the ground for dis- missal. It is the justification, the reason or the “why” aspect. For example, under Article 297 of the Labor Code, as amended, an employee may be dismissed for theft, fraud […]

Marriage of employee cannot be prohibited by employer No-spouse policies may come in two types: The no-spouse employment policies and anti-nepotism employment policies. The first one bans only spouses from working in the same company while the second bans all immediate family members, including spouses, from working in the same company. There is no doubt […]

Insubordination is another ground for dismissal under Article 297 of the Labor Code, as amended. This is also referred to as willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, […]

Sexual harassment is a relatively new act punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual harassment. Such employee may be dismissed for committing the act of sexual harassment. Sexual harassment is an imposition of misplaced […]

The circumstances of each particular case must be holistically considered and evaluated in light of the prevailing norms of conduct and applicable laws. In a case involving a teacher, immorality was defined as a course of conduct which offends the morals of the community and is a bad example to the youth whose ideals a […]

Theft is one of the grounds providing just cause for employee dismissal. It falls under Article 297 of the Labor Code, as amended, either under the serious misconduct or willful breach of trust. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence […]

Serious misconduct as ground for dismissal is provided under Article 297 of the Labor Code, as amended. The misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows: “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a […]

Management prerogative is a right pertaining to the employer in managing his business. An owner of a business enterprise is given considerable leeway in managing his business because it is deemed important to society as a whole that he should succeed.  Our law, therefore, recognizes certain rights as inherent in the management of business enterprises.  […]

Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust. In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged […]