This case has been cited 4 times or more.
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2008-09-12 |
QUISUMBING, J. |
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| On the first issue, serious misconduct as a valid cause for the dismissal of an employee is defined simply as improper or wrong conduct. It is a transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error of judgment. To be serious within the meaning and intendment of the law, the misconduct must be of such grave and aggravated character and not merely trivial or unimportant. However serious such misconduct, it must, nevertheless, be in connection with the employee's work to constitute just cause for his separation. The act complained of must be related to the performance of the employee's duties such as would show him to be unfit to continue working for the employer. [24] | |||||
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2007-06-29 |
CARPIO MORALES, J. |
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| Serious misconduct is defined as the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error of judgment.[10] To be serious within the meaning and intendment of the law, the misconduct must be of such grave and aggravated character and not merely trivial or unimportant.[11] | |||||
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2007-04-24 |
CALLEJO, SR., J. |
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| In this jurisdiction, we have consistently defined misconduct as an improper or wrong conduct, a transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, implies wrongful intent and not mere error of judgment.[19] To be a just cause for termination under Article 282 of the Labor Code of the Philippines,[20] the misconduct must be serious,[21] that is, it must be of such grave and aggravated character and not merely trivial or unimportant.[22] However serious, such misconduct must nevertheless be in connection with the employee's work;[23] the act complained of must be related to the performance of the employee's duties showing him to be unfit to continue working for the employer.[24] Thus, for misconduct or improper behavior to be a just cause for dismissal, (a) it must be serious; (b) it must relate to the performance of the employee's duties; and, (c) it must show that the employee has become unfit to continue working for the employer.[25] | |||||
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2007-04-02 |
CARPIO MORALES, J. |
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| "Serious misconduct," as a valid cause for the dismissal of an employee, is improper or wrong conduct; the transgression of some established and definite rule of action; a forbidden act or dereliction of duty, which is willful and intentional neglect and not mere error in judgment.[55] It must be grave and aggravated in character and not merely trivial or unimportant.[56] In addition, it must be directly related and/or connected to the performance of official duties.[57] Without question, all of these requisites are present in this case. Petitioner is thus administratively liable for serious misconduct. | |||||