This case has been cited 1 times or more.
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2012-06-20 |
DEL CASTILLO, J. |
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| To validly dismiss an employee on the ground of loss of trust and confidence under Article 282 (c)[53] of the Labor Code of the Philippines, the following guidelines must be observed: "1) loss of confidence should not be simulated; 2) it should not be used as subterfuge for causes which are improper, illegal or unjustified; 3) it may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; and 4) it must be genuine, not a mere afterthought to justify earlier action taken in bad faith."[54] More important, it "must be based on a willful breach of trust and founded on clearly established facts."[55] | |||||