Just Causes vs Authorized Causes

- Dismissal based on a just cause means that the employee has committed a wrongful act or
omission
- Dismissal based on an authorized cause means that there exists a ground which the law itself
allows or authorizes to be invoked to justify the termination of an employee even if he has not
committed any wrongful act or omission

JUST CAUSES UNDER THE LABOR CODE

- Article 282 (Termination by Employer)

a) Serious misconduct or willful disobedience of the lawful order of employer in connection
with his work
b) Gross and habitual neglect of duties
c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duty
authorized representative
d) Commission of a crime or offense by the employee against the person of his employer or
any immediate member of his family or his duly authorized representatives
e) Other analogous causes
- Article 264 (a)
a) Union officers who knowingly participate in an illegal strike
b) Any employee, union officer or ordinary member who knowingly participates in the
commission of illegal act during a strike (whether illegal or not)
- Article 263 where striker who violates orders, prohibitions and/or injuctions as issued by DOLE
Secretary or NLRC
- Article 248 violation of union security agreement in the CBA may result in termination of
employment

JUST CAUSES IN ACCORDANCE WITH PREVAILING CIRCUMSTANCES

- Violation of company rules and regulations

- Theft of property by a co-employee as distinguished from company-owned property which is
considered serious misconduct
- Incompetence, inefficiency or ineptitude
- Failure to attain work quota
- Failure to comply with weight standards of the employer
- Attitude problem

SERIOUS MISCONDUCT

Requisites:

- Serious
- Relate to the performance of the employees duties
- Unfit to continue working for the employer