This case has been cited 3 times or more.
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2012-06-13 |
BRION, J. |
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| In Jardine Davies, Inc. v. National Labor Relations Commission,[25] we held that loss of confidence as a just cause for termination of employment can be invoked when an employee holds a position of responsibility, trust and confidence. In order to constitute a just cause for dismissal, the act complained of must be related to the performance of the duties of the dismissed employee and must show that he or she is unfit to continue working for the employer for violation of the trust reposed in him or her. | |||||
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2008-08-28 |
NACHURA, J. |
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| As to the order of reinstatement, the Court modifies the same in that if it is no longer feasible considering the length of time that the employees have been out of petitioner's employ,[23] the company is ordered to pay the illegally dismissed STFWU members separation pay equivalent to one (1) month pay, or one-half (1/2) month pay for every year of service, whichever is higher.[24] | |||||
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2008-03-14 |
CHICO-NAZARIO, J. |
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| Under Article 282(c)[36] of the Labor Code, loss of trust and confidence is one of the just causes for dismissing an employee. It is an established principle that loss of confidence must be premised on the fact that the employee concerned holds a position of trust and confidence. This situation obtains where a person is entrusted with confidence on delicate matters, such as care and protection, handling or custody of the employer's property. But, in order to constitute a just cause for dismissal, the act complained of must be "work-related" such as would show the employee concerned to be unfit to continue working for the employer. Besides, for loss of confidence to be a valid ground for dismissal, such loss of confidence must arise from particular proven facts.[37] | |||||