Just Cause

Question 1

PLDT v. Bolso

Answer 1

Illegal line extension

Question 2

Does recantation of statement absolve from serious misconduct?

Answer 2

No.

Question 3

What is serious misconduct?

Answer 3

Serious Misconduct

1. Break rule known to the employee
2. Willful with wrongful Intent
3. Grave character
4. Connected to work
5. Damage caused (Lainez believes this should be)

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 mere error in judgment. The misconduct to be serious within the meaning of the Labor Code must be of such a grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must nevertheless be in connection with the employee’s work to constitute just cause for his separation.

Question 4

What standard of evidence is needed for serious misconduct?

Answer 4

SUBSTANTIAL EVIDENCE
The standard of substantial evidence is met where the employer, as in this case, has reasonable ground to believe that the employee is responsible for the misconduct and his participation in such misconduct makes him unworthy of the trust and confidence demanded by his position.

Question 5

Is the length of time served mitigating or aggravating?

Answer 5

It depends:

1. Aggravating - PLDT v. Bolso
2. Mitigating -

Question 6

Totality of Infractions Doctrine

Supreme Steel

Answer 6

The number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committed should not be taken singly and separately. Fitness for continued employment cannot be compartmentalized into tight little cubicles of aspects of character, conduct and ability separate and independent of each other. (Merin v. National Labor Relations Commission, G.R. No. 171790, October 17, 2008, citing Valiao v. Court of Appeals, G.R. No. 146621, July 30, 2004)

Question 7

Condonation of Infractions

Supreme Steel

Answer 7

Once you’ve forgiven, you can’t bring it up again.

Question 8

Rule of Proportionality

Answer 8

Punishment proportional to crime

Question 9

AWOL v. Abandonment

Answer 9

Abandonment

1. the failure to report for work or absence without valid or justifiable reason, and
2. a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts. [R. 218384, Jul 3, 2017]

AWOL
when an employee is absent and has not followed internal company guidelines on leave.

Question 10

Bascon v. CA

Answer 10

Armband nurse case

Question 11

Is failure to report to work abandonment?

Answer 11

NO. There must be a more clear act. Failure to report to work is equivocal.

Examples of clear acts :

1. Verbal statement
2. Getting another job
3. Migrating

Question 12

Totality of Infractions Doctrine CAVEAT

Answer 12

1. Related to Subsequent offenses
   - Slapping someone is not related to being habitually late. If someone is suddenly absent, you cannot use the fact that they’re habitually late.
2. Recurring

Sy v. Neat
Significantly, the infractions of Sy for wearing of improper uniform are not related to his latest infractions of insubordination and purported poor performance evaluation. Previous offenses may be used as valid justification for dismissal only if they are related to the subsequent offense upon which the basis of termination is decreed,23 or if they have a bearing on the proximate offense warranting dismissal.24