This article addresses a query regarding the legality of terminating an employee for alleged price manipulation. The author, drawing from Philippine labor laws and case precedents, explains that termination based on loss of trust and confidence is permissible but must meet specific requirements. The article emphasizes that the employee's position must involve trust and responsibility, and the employer must provide substantial evidence of a willful breach of trust. Applying these principles to the specific case of a landscaper tasked with purchasing plants, the article concludes that termination based on loss of trust and confidence may not be justified due to the nature of the employee's role.
Dear PAO,I worked as a landscaper for a real estate developer. The marketing department directed me to canvass the prices of plants or ornamentals for a project site. They reasoned that transporting the plants from our head office to the project site was too costly; thus, for this particular project, it was more economical to purchase the plants directly from suppliers in the site location.
The betrayal of this trust is the essence of the offense for which an employee is penalized .'Relative thereto, there are requisites to be met to justify the imposition of dismissal, and these were enumerated in Lamadrid v. Cathay Pacific Airways Limited and Lo, GR 200658, June 23, 2021, where the Supreme Court, through Associate Justice Ramon Paul Hernando, held that:'xxx. Two requisites must be complied with to justify this ground for termination.
Labor Law Employment Termination Loss Of Trust And Confidence Price Manipulation Philippines
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