Two (2) Facets of Dismissal of Employees: Substantive & Procedure
Dismissals of employees have two facets: [1] The legality of the act of dismissal, which constitutes substantive due process; [2] The legality in the manner of dismissal, which constitutes procedural due process.
As previously mentioned, fraud or willful breach of the employer’s trust is a just cause for termination of employment under Article 282 (c) of the Labor Code. This provision is premised on the fact that the employee concerned holds a position of trust and confidence, a situation which exists where such employee is entrusted by the employer with confidence on delicate matters, such as care and protection, handling or custody of the employer’s property.
Treatment of managerial employees distinguished from that of the 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 be sufficient. (G.R. No. 152928; June 18, 2009)
As previously mentioned, fraud or willful breach of the employer’s trust is a just cause for termination of employment under Article 282 (c) of the Labor Code. This provision is premised on the fact that the employee concerned holds a position of trust and confidence, a situation which exists where such employee is entrusted by the employer with confidence on delicate matters, such as care and protection, handling or custody of the employer’s property.
Treatment of managerial employees distinguished from that of the 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 be sufficient. (G.R. No. 152928; June 18, 2009)
