serious misconduct

The pivotal question to answer in a claim of illegal dismissal is whether the employer’s acts amounted to serious misconduct, fraud or willful breach of trust and confidence, or were tantamount to a commission of a crime, which justified their dismissal from employment. Article 297 of the Labor Code enumerates the just causes for termination. […]

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 […]

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 […]