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 […]

The upcoming budget for the Chicago Public Schools will rely on $500 million in yet-to-be-enacted pension savings by Illinois, school officials said on Monday.