O within how many days must the employees come to

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Unformatted text preview: must
 be
 in
 connection
 with
 the
 employee’s
 work
 to
 constitute
just
cause
for
his
separation
 • A
 series
 of
 irregularities
 when
 put
 together
 may
 constitute
 serious
 misconduct
 • The
employer
may
dismiss
an
employee
if
the
former
has
reasonable
 grounds
to
believe,
or
to
entertain
the
moral
conviction,
that
the
latter
 is
 responsible
 for
 the
 misconduct
 and
 the
 nature
 of
 his
 participation
 37
 • • • • • • therein
renders
him
absolutely
unworthy
of
the
trust
and
confidence
 demanded
by
his
position
 Examples
of
misconduct
 o As
 a
 general
 rule,
 immorality
 on
 the
 part
 of
 an
 employee
 does
not
justify
a
discharge
therefore
unless
such
conduct
is
 prejudicial
 or
 in
 some
 way
 detrimental
 to
 the
 employer’s
 interests.
 The
 test
 is
 not
 morality
 in
 the
 abstract,
 but
 whether,
taking
the
nature
of
the
employment
into
account,
 the
 immoral
 acts
 complained
 of
 were
 such
 as
 to
 render
 the
 servant
 incapable
 of
 performing
 the
 service
 properly
 or
 were
calculated
to
injure
the
employer’s
business
 Illustrative
case:
sexual
harassment
(Villarama
v.
NLRC
and
Golden
 Donuts)
 o Villarama
was
charged
with
sexual
harassment
by
Ms.
D.
the
 experience
 compelled
 her
 to
 resign.
 Apparently,
 they
 went
 out
 for
 dinner.
 Villarama
 was
 supposed
 to
 drive
 her
 home
 but
they
headed
to
a
motel.
 o Sexual
 harassment
 is
 reprehensible
 enough
 but
 more
 when
 inflicted
by
those
with
moral
ascendancy
over
their
victims.
It
 is
a
valid
cause
for
separation
from
service
 Cause
found
inadequate
 Teacher
in
love
with
student:
the
heart
has
reasons
which
reason
 does
not
know
(Chua‐Qua
v.
Clave)
 o Evelyn
was
a
teacher
in
Bacolod
where
Bobby
was
enrolled.
 They
fell
in
love
and
got
married.
School
filed
with
the
DOLE
 an
application
for
clearance
to
terminate
 o Teacher
falling
in
love
with
student,
not
immoral
 –
there
was
 no
direct
evidence
to
show
that
immoral
acts
were
committed.
 The
 school
 failed
 to
 show
 that
 petitioner
 took
 advantage
 of
 her
 position
 to
 court
 her
 student.
 If
 the
 two
 eventually
 fell
 in
 love,
 despite
 the
 disparity
 of
 their
 ages
 and
 academic
 levels,
 this
 only
 lends
 substance
 to
 the
 truism
 that
 the
 heart
 has
 reasons
of
its
own
which
reason
does
not
know.
 o In
 termination
 cases,
 the
 burden
 of
 proving
 just
 and
 valid
 cause
 for
 dismissing
 an
 employee
 rests
 on
 the
 employer
 and
 his
failure
to
do
so
would
result
in
a
finding
that
the
dismissal
 is
unjustified.
 Extra­marital
relationship
as
immorality
 o When
 a
 teacher
 engages
 in
 extra‐marital
 relationship,
 especially
when
the
parties
ar...
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This document was uploaded on 03/11/2014.

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