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Genuino vs NLRC

Genuino vs NLRC

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Published by Mylene Chavez-Sibal

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Published by: Mylene Chavez-Sibal on Jun 29, 2012
Copyright:Attribution Non-commercial


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Facts:Genuino was employed by Citibank in January 1992 asTreasury Sales Division Head with the rank of Assistant Vice-President. On August 23, 1993, Citibank sent Genuino a lettecharging her with “knowledge and involvement” in transactions“which were irregular or event fraudulent.” In the same letter,Genuino was informed she was under preventive suspension.On September 27, 1993, Citibank informed Genuino of theresult of their investigation. It found that Genuino, together withSantos personally and actively participated through the use of “facilities of Genuino’s family corporation, Global Pacific” in thediversion of bank client’s funds to products of other companiesthat yielded higher interests than Citibank offers. And thatGenuino and Santos realized substantial financial gains, all inviolation of existing company policy and Corporation Codeunder which carries penal sanction. In view of the foregoingcircumstances, Genuino’s employment was terminated byCitibank on grounds of (1) serious misconduct, (2) wilful breachof the trust reposed upon her by the bank, and (3) commissionof a crime against the bank.Genuino filed before the Labor Arbiter a Complaintagainst Citibank for illegal suspension and illegal dismissal withdamages and prayer for temporary restraining order and/or writof preliminary injunction. The Labor Arbiter rendered a Decisionfinding the dismissal of Genuino to be without just cause. TheNLRC reversed the decision of the Labor Arbiter. The Court of  Appeals then promulgated its decision denying due course toand dismissing the petitions.Issue: Whether or not the dismissal of Genuino is for a justcause and in accordance with due process.Held: The dismissal was for a just cause but lacked dueprocess.The requirements of twin notices must be met. The two-noticerequirement of the Labor Code is an essential part of the dueprocess. The first notice informing the employee of the chargesshould neither be pro-forma nor vague. It should set out clearlywhat the employee is being held liable for. The employee shouldbe afforded ample opportunity to be heard and not mereopportunity. Ample opportunity to be heard is especiallyaccorded the employees sought to be dismissed after they arespecifically informed of the charges in order to give them anopportunity to refute such accusations leveled against them.Since the notice of charges given to Genuino is inadequate, thedismissal could not be in accordance with due process. Whilethe Court held that Citibank failed to observe procedural dueprocess, it never the less found Genuino’s dismissal justified.While the bank gave genuine an opportunity to deny the truth of the allegations in writing and participate in the administrativeinvestigation, the fact remains that the charges were toogeneral to enable Genuino to intelligently and adequatelyprepare her defense. Article 282(c) of the Labor Code provides that an employer mayterminate an employment for fraud or willful breach of the trustreposed in him/her employer or duly authorized representative.In order to constitute as just cause for dismissal, loss of confidence should relate to acts inimical to interests of theemployer. Also, the act complained of should have arisen fromthe performance of the employee’s duties. For loss of trust andconfidence to be a valid ground for an employee’s dismissal, itmust be substantial and not arbitrary, and must be founded onclearly established facts sufficient to warrant the employee’sseparation from work. As Assistant Vice-President of Citibank’sTreasury Department, Genuino was tasked to solicitinvestments, and peso and dollar deposits for, and keep them inCitibank; and to sell and push for the sale of Citibank’s financialproducts, such as MBS, for the account and benefit of Citibank.She held the position of trust and confidence. There is no wayshe could deny any knowledge of the Bank’s policies nor her understanding of these policies as reflected in the survey done

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