This case has been cited 2 times or more.
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2011-11-16 |
MENDOZA, J. |
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| In Central Philippine Bandag Retreaders, Inc. v. Diasnes,[53] cited in Quiambao v. Manila Electric Company,[54] we discussed the parameters of awarding separation pay to dismissed employees as a measure of financial assistance: To reiterate our ruling in Toyota, labor adjudicatory officials and the CA must demur the award of separation pay based on social justice when an employee's dismissal is based on serious misconduct or willful disobedience; gross and habitual neglect of duty; fraud or willfull breach of trust; or commission of a crime against the person of the employer or his immediate family grounds under Art. 282 of the Labor Code that sanction dismissal of employees. They must be judicious and circumspect in awarding separation pay or financial assistance as the constitutional policy to provide full protection to labor is not meant to be an instrument to oppress the employers. The commitment of the Court to the cause of labor should not embarrass us from sustaining the employers when they are right, as here. In fine, we should be more cautions in awarding financial assistance to the undeserving and those who are unworthy of the liberality of the law.[55] [Emphasis original. Underscoring supplied] | |||||
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2011-07-27 |
DEL CASTILLO, J. |
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| than eight years already and is a member of the company's labor union. As such, he ought to know the specific company rules pertaining to his line of work as a bus conductor. For that matter, his length of service has even aggravated the resulting consequences of his transgressions. In addition, on April 8, 1994 and May 3, 1995, he committed similar infractions of extending free ride to a police officer and a former employee, respectively. These had been brought to the attention of the petitioner and for which the penalties of relief from duty and suspension were meted out upon him. [23] Hence, he ought to have known better than to repeat the same violation as he is presumed to be thoroughly acquainted with the prohibitions and restrictions against extending free rides. We also cannot agree with petitioner's contention that his infraction was trivial. As a bus conductor whose duties primarily include the collection of transportation fares, which is the lifeblood of the PRBLI, petitioner should have exercised the required diligence in the performance thereof and his habitual failure to exercise the same cannot be taken for granted. As correctly observed by the CA, petitioner's position is imbued with trust and confidence because it involves handling of money and failure to collect the proper fare from the riding public constitutes a grave offense which justifies his dismissal. Moreover, petitioner's "series of irregularities when put together may constitute serious misconduct." [24] | |||||