This case has been cited 2 times or more.
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2013-06-26 |
BERSAMIN, J. |
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| We consider the contention of MJCI unwarranted. As the records indicate, MJCI's prejudice remained speculative and unrealized. To dismiss an employee based on speculation as to the damage the employer could have suffered would be an injustice. The injustice in the case of Trajano would be greater if the supposed just cause for her dismissal was not even sufficiently established. While MJCI as the employer understandably had its own interests to protect, and could validly terminate any employee for a just cause, its exercise of the power to dismiss should always be tempered with compassion and imbued with understanding, avoiding its abuse.[32] | |||||
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2012-10-10 |
CARPIO, J. |
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| In order for serious misconduct to justify dismissal from employment under the law: (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.[15] For misconduct 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 and unimportant.[16] | |||||