GERWIN ACEPTION VS. INDUSTRON, INC.

NLRC-NCR-CASE NO. 02-0284417

Date of Termination: January 18, 2017 (with Show Cause Memo,

Written Explanation, and Termination Letter)

Ground for Termination: Dishonesty, Disrespect and Conspiracy

Cause of Action: Actual Illegal Dismissal, Nonpayment of Holiday

Premium, Rest Day Premium, and Night-Shift Differential,
Separation Pay, Moral and Exemplary Damages, Attorneys Fees.

ON THE LEGALITY OF THE

GROUND FOR TERMINATION

1. Dishonesty

For several occasions, complainant would make the company

believe that he needed to render overtime because his brother
Jerson Aception was late for work when in truth, during those
periods his brother had timed-in earlier than complainants end of
shift. This must be with his knowledge because both employees
have the station of work.

Assuming that the company paid complainant his overtime

premiums during those days that complainant rendered an
overtime work when there is in fact no need to render overtime, the
complainant has cheated the company several time to the prejudice
of the companys coffer.

Jurisprudence:
 Dishonesty is a serious offense, and no employer will take to
its bosom a dishonest employee. 1Dishonesty implies a disposition
to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity;
lack of honesty, probity or integrity in principle; lack of fairness and
straightforwardness; disposition to defraud, deceive or betray. 2 Acts
of dishonesty have been held to be sufficient grounds for dismissal
as a measure of selfprotection on the part of the employer. 3

An employees propensity to commit repetitious infractions evinces wrongful intent, making

him undeserving of the compassion accorded by law to labor.

1 Maneja v. National Labor Relations Commission, 353 Phil. 45, 64 (1998).

2 Philippine Amusement and Gaming Corporation v. Rilloraza, 412 Phil. 114, 133
(2001), citing Blacks Law Dictionary, Sixth Ed., p. 468, 1990.

3 Auxilio, Jr. v. National Labor Relations Commission, G.R. No. 82189, August 2,
1990, 188 SCRA 263, 267.