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Samson Vs NLRC 330 Scra 460 2000
Samson Vs NLRC 330 Scra 460 2000
FACTS:
Petitioner Samson received a letter calling the attention of his conduct during a Sales and
Marketing Christmas gathering where Samson allegedly made utterances of obscene, insulting
and offensive words towards the Scheing-Plough Corporation Management Committee.
Complainant was given two days to explain why no disciplinary action should be taken against
him and he was thereafter placed on preventive suspension. Samson replied stating that such
utterances were only made in reference to a decision taken by the management committee on
the Cua Lim Case and not to any specific person. Petitioner Samson was thereafter informed in
a letter that his employment was terminated. The Labor Arbiter rendered a decision declaring
the dismissal of him is illegal. Both parties appealed the decision; petitioner Samson filed a
partial appeal of the denial of his claim for holiday pay and the cash equivalent of the rice
subsidy; respondent company sought the reversal of the labor arbiter’s ruling of illegal
dismissal.
ISSUE: Whether or not the actions made by Samson during a special gathering in uttering
obscene, insulting and offensive words towards The SPC Management Committee is a serious
misconduct to warrant dismissal?
HELD: