This case has been cited 2 times or more.
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2015-03-18 |
REYES, J. |
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| Theft committed by an employee against a person other than his employer, if proven by substantial evidence, is a cause analogous to serious misconduct.[34] Misconduct is improper or wrong conduct, 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. The misconduct to be serious must be of such grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must, nevertheless, be in connection with the employee's work to constitute just cause for his separation.[35] | |||||
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2013-07-08 |
PERLAS-BERNABE, J. |
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| Thus, not every form of misconduct can be considered as a just cause for termination. The law explicitly qualifies that the misconduct must be both serious and made in connection with the employee's work. As clarified in Cosmos Bottling Corp. v. Fermin:[38] | |||||