employee dismissal

To justify fully the dismissal of an employee, the employer must, as a rule, prove that the dismissal was for a just cause and that the employee was afforded due process prior to dismissal. As a complementary principle, the employer has the onus of proving with clear, accurate, consistent, and convincing evidence the validity of […]

Dismissal of employee is one of the crucial decisions of an employer. The rules have been duly established. But the mentality required in handling the dismissal situation form the perspective of the employer should be clearly understood. Where the fact of employee’s dismissal from service is undisputed by the parties, the crux of the issue […]

An HR professional might wonder where all those offenses detailed in the company’s code of conduct would fall since they do not specifically belong to the enumeration in Article 297. This is where the catchall provision of “other causes analogous to the foregoing” comes into play. Such other causes must be analogous to any of […]

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 […]

In a valid abandonment, there is intent to quit the job, while in an Absence Without Leave (AWOL), there is no such desire. The latter is more of violation of internal procedure of the company on notices required in the event of employee’s absence. A worker who overextended his vacation leave cannot be said to […]

As provided under Article 297, 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 dereliction of duty, willful in character, and implies wrongful intent and not […]

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 […]