This case has been cited 2 times or more.
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2014-11-12 |
REYES, J. |
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| It need not be stressed that the nature or extent of the penalty imposed on an erring employee must be commensurate to the gravity of the offense as weighed against the degree of responsibility and trust expected of the employee's position. On the other hand, the respondent is not just charged with a misdeed, but with loss of trust and confidence under Article 282(c) of the Labor Code, a cause premised on the fact that the employee holds a position whose functions may only be performed by someone who enjoys the trust and confidence of management. Needless to say, such an employee bears a greater burden of trustworthiness than ordinary workers, and the betrayal of the trust reposed is the essence of the loss of trust and confidence which is a ground for the employee's dismissal.[15] | |||||
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2007-08-08 |
CARPIO, J. |
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| In Agabon v. NLRC,[21] we ruled that if the dismissal is for a just cause, the lack of statutory due process should not nullify the dismissal, or render it illegal or ineffectual. The violation of petitioner's right to due process only warrants the payment of indemnity in the form of nominal damages, the amount of which is addressed to the sound discretion of the Court, taking into consideration the relevant circumstances.[22] However, we agree with petitioner that the amount of indemnity awarded to him is insufficient. Considering the circumstances in this case and in line with prevailing jurisprudence, we deem it proper to increase the amount of nominal damages from P10,000 to P30,000.[23] | |||||