Friday, May 15, 2015

Misconduct or improper behavior a just cause for dismissal.- 197556.pdf

Read  -  197556.pdf

"x x x.
On the basis of the complaints filed before Waterfront by Christe6 Mandal, a supplier of a concessionaire of Waterfront, and Rosanna Lofranco, who was seeking a job at the same hotel, Ledesma was dismissed from employment.7 From the affidavits8 and testimonies9 of Christe Mandal and Rosanna Lofranco during the administrative hearings conducted by Waterfront, the latter found, among others, that Ledesma kissed and mashed the breasts of Christe Mandal inside the hotel’s elevator, and exhibited his penis and asked Rosanna Lofranco to masturbate him at the conference room of the hotel.

x x x.

Notably, Ledesma never refuted, at the administrative investigation level at Waterfront, and even at the proceedings before the LA, NLRC, and the CA, the allegations leveled against him by Rosanna Lofranco that, after deluding her to perform a massage on him, Ledesma exhibited to her his penis and requested that he be masturbated while inside the conference room of the hotel. If not for the position of Ledesma as a House Detective, he will not have access to the conference room nor will he know that the premises is not monitored through a closed-circuit television, 52 thus giving him the untrammeled opportunity to accomplish his lewd design on the unsuspecting victim. Such acts of Ledesma constituted misconduct or improper behavior53 which is a just cause for his dismissal.

x x x."