This case has been cited 2 times or more.
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2011-09-14 |
PERALTA, J. |
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| One of the just causes enumerated in the Labor Code is serious misconduct. Misconduct is improper or wrong conduct.[16] It is 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 in judgment.[17] Such misconduct, however serious, must nevertheless be in connection with the employee's work to constitute just cause for his separation.[18] 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.[19] | |||||
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2010-12-08 |
DEL CASTILLO, J. |
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| It is hornbook in employee dismissal cases that "[t]he essence of due process is an opportunity to be heard, or as applied to administrative proceedings, an opportunity to explain one's side x x x."[15] "A formal or trial type hearing is not at all times and in all instances essential to due process, the requirements of which are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy."[16] Neither is it necessary that the witnesses be cross-examined by counsel for the adverse party.[17] | |||||