This case has been cited 5 times or more.
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2008-04-16 |
TINGA, J, |
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| In any case, when SMC imposed the penalty of dismissal for the 12th and 13th AWOPs, it was acting well within its rights as an employer. An employer has the prerogative to prescribe reasonable rules and regulations necessary for the proper conduct of its business, to provide certain disciplinary measures in order to implement said rules and to assure that the same would be complied with.[35] An employer enjoys a wide latitude of discretion in the promulgation of policies, rules and regulations on work-related activities of the employees.[36] | |||||
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2007-10-19 |
VELASCO, JR., J. |
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| A recall of recent cases decided bearing on the issue reveals that when the termination is legally justified on any of the grounds under Art. 282, separation pay was not allowed. In Ha Yuan Restaurant v. NLRC,[68] we deleted the award of separation pay to an employee who, while unprovoked, hit her co-worker's face, causing injuries, which then resulted in a series of fights and scuffles between them. We viewed her act as serious misconduct which did not warrant the award of separation pay. In House of Sara Lee v. Rey,[69] this Court deleted the award of separation pay to a branch supervisor who regularly, without authorization, extended the payment deadlines of the company's sales agents. Since the cause for the supervisor's dismissal involved her integrity (which can be considered as breach of trust), she was not worthy of compassion as to deserve separation pay based on her length of service. In Gustilo v. Wyeth Phils., Inc.,[70] this Court found no exceptional circumstance to warrant the grant of financial assistance to an employee who repeatedly violated the company's disciplinary rules and regulations and whose employment was thus terminated for gross and habitual neglect of his duties. In the doctrinal case of San Miguel v. Lao,[71] this Court reversed and set aside the ruling of the CA granting retirement benefits or separation pay to an employee who was dismissed for willful breach of trust and confidence by causing the delivery of raw materials, which are needed for its glass production plant, to its competitor. While a review of the case reports does not reveal a case involving a termination by reason of the commission of a crime against the employer or his/her family which dealt with the issue of separation pay, it would be adding insult to injury if the employer would still be compelled to shell out money to the offender after the harm done. | |||||
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2006-09-13 |
PUNO, J. |
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| We have held that it is the employer's prerogative to prescribe reasonable rules and regulations necessary or proper for the conduct of its business or concern, to provide certain disciplinary measures to implement said rules and to assure that the same be complied with. At the same time, it is the duty of the employee to obey all reasonable rules, orders, and instructions of the employer, and willful or intentional disobedience thereto, as a general rule, justifies recission of the contract of service and the peremptory dismissal of the employee.[18] Private respondent requires its store personnel to issue corresponding cash slips or invoices for every item that is brought out of the store to allow it to monitor its inventory and to protect the company from theft or unauthorized releases of its merchandise. The employees' manual did not qualify whether the goods are released to customers or to its employees. As Store Supervisor, petitioner had the heavier burden to be faithful to company rules and policies not only to protect the company's business but also to set a good example to her subordinates. Under Article 282 of the Labor Code, willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work is a ground for terminating an employment.[19] Petitioner's violation of the company's regulations regarding the release of its stock constitutes a valid ground for terminating her services. | |||||
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2005-12-14 |
SANDOVAL-GUTIERREZ, J. |
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| In Gustilo vs. Wyeth Philippines, Inc.,[5] we held:"It is the employer's prerogative to prescribe reasonable rules and regulations necessary or proper for the conduct of its business or concern, to provide certain disciplinary measures to implement said rules and to assure that the same be complied with. At the same time, it is one of the fundamental duties of the employee to yield obedience to all reasonable rules, orders, and instructions of the employer, and willful or intentional disobedience thereof, as a general rule, justifies rescission of the contract of service and the preemptory dismissal of the employee." In Maquiling vs. Philippine Tuberculosis Society, Inc.,[6] we held: | |||||