willful breach of trust

Dismissal of employment based on loss of trust and confidence is one of the just causes under Article 297 of the Labor Code, as amended. Loss of trust and confidence is a just cause for dismissal under Article 282(c) [now 297] of the Labor Code, which provides that an employer may terminate an employment for […]

Security of tenure guarantees that an employee cannot be dismissed from employment, except for just or authorized cause. There are forms of employment where employees hold limited security of tenure. In the case of a managerial employee who is faced with investigation for willful breach of trust, he gives up the guarantee considering the rule […]

Breach of trust as a ground for disciplinary action cannot be presumed. It requires proof, being factual in nature. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of […]

An employee must not be dismissed on the pretext of loss of trust for acts committed not in relation to his duty. To constitute a just cause for dismissal, the act complained of must be work-related and shows that the employee concerned is unfit to continue to work for the employer. Also, the act complained […]

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 […]