just cause

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 […]

Absence Without Official Leave (AWOL) is a ground for disciplinary action. AWOL in itself is not a ground for dismissal. However, AWOL can lead to abandonment of work. This happens when the employee being directed to report for work after being on AWOL refuses to report for work. Thus, the employer usually escalates the violation […]

Abandonment is a ground for dismissal of employment under Article 297 of the Labor Code, as amended. The employee has the right to challenge the dismissal by filing a labor case. However, during the pendency of the case, the employee may have decided to seek employment. What will be the effect on the labor case […]

As defined under established jurisprudence, abandonment is the deliberate and unjustified refusal of an employee to resume his employment. Abandonment is a form of neglect of duty; hence, a just cause for termination of employment under Article 297 of the Labor Code, as amended. Ordinarily, a common impression is that an employee who never reports […]

The contention that the phrase “poor performance” would mean the same as gross and habitual neglect by an employee of his duties is unavailing. The fact that an employee’s performance is found to be poor or unsatisfactory does not necessarily mean that the employee is grossly and habitually negligent of his duties. Gross negligence implies […]

Under paragraph (b) of Article 297, gross and habitual neglect of duties can be ground for dismissal of employees. As a general rule, this ground for termination requires the concurrence of “gross” and “habitual.” In short, for negligence to be a proper ground for termination, it must not only be gross but must be both […]

Another ground for dismissal under Article 297 is insubordination or 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, for insubordination to arise, the order given must be lawful. There […]

Sexual harassment is 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 “superiority” which is enough […]

The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. An employee was held to be validly dismissed for the loss and unauthorized sale […]

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 […]