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JUST CAUSES

MEANING

• Termination initiated by the employee. Exercise of management prerogative


however must not be exercised with abuse of discretion.
PROCEDURAL REQUIREMENTS:

1. Notice (two-notice rule)


a. notice to explain specifying the grounds for termination and;
b. giving the employee ample opportunity to explain their side
2. Hearing
A hearing or conference to allow the employee to respond to the charge/s,
present evidence, or rebut the evidence presented against them
3. Judgment
A notice of decision indicating the justification for termination as well as
the corresponding sanctions (if any) after due consideration of all evidence.
JUST CAUSES FOR TERMINATION:

1. Serious misconduct or willful disobedience by the Ee of the lawful orders


of his or representative in connection with his work;
2. Gross and habitual neglect by the Ee of his duties;
3. Fraud or willful breach by the Ee of the trust reposed in him by his Er or
duly organized representative;
4. Commission of crime or offense by the Ee against the person of his Er or
any immediate member or his family or his duly authorized
representative;
5. Other causes analogous to the foregoing (LC, Art.282)
1 CAUSE: SERIOUS MISCONDUCT
ST

• -an improper or wrong conduct; the transgression of some established and


definite rule of action, a forbidden act, a dereliction of duty, willful in
character and implies wrongful intent and not mere error in judgment.
• To be serious within the meaning and intendment of the law, the
misconduct must be of such grave and aggravated character and not
merely trivial or unimportant.
ELEMENTS OF SERIOUS MISCONDUCT

1. It must be serious or of such a grave and aggravated character;


2. Must relate to the performance of the Ees’ duties;
3. Ee has become unfit to continue working for the Er (Philippine Aeolus
Automotive United Corp. v. NLRC, G.R. No. 124617, April 28, 2000)
EXAMPLES OF MISCONDUCT:

1. Sexual harassment
2. Fighting within the company premises
3. Uttering obscene, insulting or offensive words against a superior
4. Falsification of time records
5. Gross immorality
1 CAUSE: WILLFUL DISOBEDIENCE
ST

• The employees disobedience must relate to substantial matters, not merely


to trivial or unimportant matters. Disobedience to be considered willful
must be resorted without regard to its consequences. (DOLE Manual; BLTB
Co. vCA 71 SCRA 470; Family Planning Org. of the Phil. Inc. v. NLRC, G.R. No.
75907, March 23, 1992)
REQUISITES THAT MUST OCCUR IN ORDER THAT WILLFUL
DISOBEDIENCE OF THE EER’S LAWFUL ORDERS ARE
CONSIDERED JUST CAUSE FOR TERMINATION:

1. The Ees’ assailed conduct must have been willful or intentional, the
willingness being characterized by a wrongful and perverse attitude.
2. The disobeyed orders, regulations or instructions of the Er must be:
1. Resoanble and lawful
2. Sufficient known to the Ee
3. In connection with the duties which the Ee has ben engaged to discharge
( Cosep v. NLRC, G.R. No. 124966, June 16, 1998)