Académique Documents
Professionnel Documents
Culture Documents
Requisites
Serious Misconduct
Serious
(a) Grave and aggravated character,
(b) In connection with work; and
Shows that Employee is unfit to work for
Employer.
Willful Disobedience
Loss of Confidence
(a) Committed against the Employer or his
representative [direct];
(b) willful since fraud implies wrongful intent;
(c) EE concerned holds a position of trust and
confidence [Mabeza vs. NLRC, 1997];
(d) Act complained of must be work-related.
Additional Guidelines
(a) NOT simulated;
(b) NOT used as a subterfuge;
(c) NOT arbitrarily asserted; and
(d) genuine, NOT a mere afterthought [Vitarich
v. NLRC, 1999; Coca-Cola Bottlers, Phils., Inc.
v. Kapisanan ng Malayang Manggagawa sa
Coca-Cola, 2005]
Analogous causes
AUTHORIZED CAUSES
Requisites
Installation of Labor Saving Devices
Redundancy
Retrenchment
Disease