The cba provides that employees are entitled only to

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Unformatted text preview: the
 work
 is
 satisfactory;
 and
 the
 reasonableness
of
the
grounds
of
dissatisfaction
can’t
be
inquired
into
 by
 the
 court
 in
 an
 action
 by
 the
 employee
 for
 damages
 for
 his
 discharge
 Unsatisfactory
performance
is
not
one
of
the
just
causes
 Gross
negligence
defined;
examples
 o The
 want
 or
 absence
 of
 or
 failure
 to
 exercise
 slight
 care
 or
 diligence,
 or
 the
 entire
 absence
 of
 care.
 It
 evinces
 a
 thoughtless
disregard
of
consequences
without
exerting
any
 effort
to
avoid
them.

 o Associated
Bank
v.
NLRC
 S
 was
 a
 credit
 investigator
 functioning
 as
 an
 appraiser.
S
was
dismissed
for
the
overstatement
of
 the
 value
 of
 the
 subject
 property
 and
 betrayal
 of
 trust
and
confidence.
 S
 was
guilty
 of
 gross
 negligence
 which
 warrants
 his
 dismissal.
The
huge
disparity
in
the
values
arrived
at
 is
itself
proof
indicative
of
his
gross
negligence
 Abandonment
 o Is
a
form
of
neglect
of
duty
 o To
 constitute
 abandonment,
 there
 must
 be
 a
 clear
 and
 deliberate
 intent
 to
 discontinue
 one’s
 employment
 without
 any
intention
of
returning
back
 Elements
 of
 abandonment;
 immediate
 filing
 of
 dismissal
 complaint
(Labor,
et
al
v.
NLRC)
 o 2
elements
–
 Failure
to
report
for
work
or
absence
without
valid
 or
justifiable
reason
 A
 clear
 intention
 to
 sever
 the
 employer‐employee
 relationship,
(with
the
second
element
as
the
more
 determinative
factor
and
being
manifested
by
some
 overt
acts)
 o Mere
absence
is
not
sufficient
 o Employer
has
the
burden
of
proof
to
show
a
deliberate
and
 unjustified
 refusal
 of
 the
 employee
 to
 resume
 his
 employment
without
any
intention
of
returning
 o The
filing
by
an
employee
of
a
complaint
for
illegal
dismissal
 is
proof
enough
of
employee’s
desire
to
return
to
work
 Immediate
filing
of
complaint
negates
abandonment;
exception
 o The
 immediate
 filing
 of
 a
 complaint
 for
 illegal
 dismissal
 against
the
employer
with
a
prayer
for
reinstatement
shows
 that
the
employee
was
not
abandoning
his
work
 o But,
 certainly,
 peculiar
 circumstances
 can
 arise
 where
 the
 immediate
 filing
 of
 illegal
 dismissal
 complaint
 does
 not
 disprove
abandonment
of
work
 Tardiness
and
abseenteism
 o Form
of
neglect
of
duty
 o An
 employee
 who
 consistently
 receives
 promotions
 in
 rank
 and
 salary
 must
 be
 a
 highly
 efficient
 worker,
 and
 therefore
 Lalay
Abala.
ALS2014B.
Labor
II.
 5. should
 be
 retained
 despite
 occasional
 lapse
 in
 punctuality
 and
attendance.
Perfection
cannot
after
all
be
demanded
 • Illustrative
case:
valid
dismissal
due
to
unauthorized
absences
of
 a
union
officer
(Cando
v.
NLRC)
 o Cando
was
senior
distributing
clerk
in
Filipinas
Bank
and
an
 officer
 of
 the
 union.
 Union
 went
 on
 strike.
 RTWO
 was
 observed,
except
for
Cando.
He
didn’t
show
up
for
work.
He
 said
 that
 his
 absences
 were
 because
 of
 various
 union
 activities.
He
was
dismissed
 o The
dismissal
is
based
on
his
unjustified
absences
for
a
number
 of
 months.
 The
 absences
 were
 not
 authorized.
 As
 union
 president,
 it
 is
 presumed
 that
 he
 knows
 the
 procedures/rules
 regarding
absences.
 • Is
“attitude
problem”
a
just
cause
to
dismiss
an
employee?
 o An
employee
who
cannot
get
along
with
his
co‐employees
is
 detrimental
to
the
company,
for
he
can
upset
and
strain
the
 working
environment....
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This document was uploaded on 03/11/2014.

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