Friday, June 5, 2015

Loss of trust and confidence

See - My Worker Is Not Your Worker…


"x x x.

After a close review of the records, we sustain the findings of the Court of Appeals that petitioner disobeyed respondent’s rules and abused his authority by requiring respondent’s employees to work in remodeling his house and by lending money with high interest rates to his subordinates. Under Article 282 of the Labor Code, willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work and breach of the employer’s trust in the employee are grounds for terminating an employment.

In Gustilo vs. Wyeth Philippines, Inc., we held:

It is the employer’s prerogative to prescribe reasonable rules and regulations necessary or proper for the conduct of its business or concern, to provide certain disciplinary measures to implement said rules and to assure that the same be complied with. At the same time, it is one of the fundamental duties of the employee to yield obedience to all reasonable rules, orders, and instructions of the employer, and willful or intentional disobedience thereof, as a general rule, justifies rescission of the contract of service and the preemptory dismissal of the employee.”

In Maquiling vs. Philippine Tuberculosis Society, Inc., we held:

“Recent decisions of this Court distinguish the treatment of managerial from that of rank-and-file personnel insofar as the application of the doctrine of loss of trust and confidence is concerned. With respect to rank-and-file personnel, loss of trust and confidence as ground for valid dismissal requires proof of involvement in the alleged events in question and that mere uncorroborated assertions and accusations by the employer will not suffice. But as regards a managerial employee, mere existence of a basis for believing that such employee has breached the trust of his employer would suffice for his dismissal.

In sum, we find that the dismissal of petitioner from the service is in accordance with the law.

x x x.”

G.R. No. 146367 December 14, 2005, SILVERIO PICAR, Petitioner, vs. SHANGRI-LA HOTEL, Respondent.