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    Research - Loss of Trust and Confidence

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    TLEGM
    The document discusses the conditions for dismissal of a managerial employee based on breach of trust and confidence. There are two conditions: 1) the employee must occupy a position of trust and confidence as managerial employees are entrusted with confidential matters, and 2) there must be some basis for the loss of trust, such as reasonable grounds to believe the employee was responsible for misconduct. For managerial employees, proof beyond reasonable doubt is not required to show loss of trust - the mere existence of a basis is sufficient. The document discusses how one employee, through inappropriate comments during work hours, breached the employer's trust, justifying the withdrawal of trust and confidence and decision to end employment.

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    Research - Loss of Trust and Confidence

    Uploaded by

    TLEGM
    136 views2 pages
    The document discusses the conditions for dismissal of a managerial employee based on breach of trust and confidence. There are two conditions: 1) the employee must occupy a position of trust and confidence as managerial employees are entrusted with confidential matters, and 2) there must be some basis for the loss of trust, such as reasonable grounds to believe the employee was responsible for misconduct. For managerial employees, proof beyond reasonable doubt is not required to show loss of trust - the mere existence of a basis is sufficient. The document discusses how one employee, through inappropriate comments during work hours, breached the employer's trust, justifying the withdrawal of trust and confidence and decision to end employment.

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    Research_Loss of Trust and Confidence

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    The document discusses the conditions for dismissal of a managerial employee based on breach of trust and confidence. There are two conditions: 1) the employee must occupy a position of trust and confidence as managerial employees are entrusted with confidential matters, and 2) there must be some basis for the loss of trust, such as reasonable grounds to believe the employee was responsible for misconduct. For managerial employees, proof beyond reasonable doubt is not required to show loss of trust - the mere existence of a basis is sufficient. The document discusses how one employee, through inappropriate comments during work hours, breached the employer's trust, justifying the withdrawal of trust and confidence and decision to end employment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    136 views2 pages

    Research - Loss of Trust and Confidence

    Uploaded by

    TLEGM
    The document discusses the conditions for dismissal of a managerial employee based on breach of trust and confidence. There are two conditions: 1) the employee must occupy a position of trust and confidence as managerial employees are entrusted with confidential matters, and 2) there must be some basis for the loss of trust, such as reasonable grounds to believe the employee was responsible for misconduct. For managerial employees, proof beyond reasonable doubt is not required to show loss of trust - the mere existence of a basis is sufficient. The document discusses how one employee, through inappropriate comments during work hours, breached the employer's trust, justifying the withdrawal of trust and confidence and decision to end employment.

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    © All Rights Reserved
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    Mere existence of a basis for believing that the employee has breached the

    trust and confidence of the employer is sufficient for managerial employees. 1

    A dismissal based on willful breach of trust or loss of trust and confidence


    under Article 297 of the Labor Code entails the concurrence of two (2)
    conditions.

    First, the employee whose services are to be terminated must occupy a


    position of trust and confidence.2

    There are two (2) types of positions in which trust and confidence are
    reposed by the employer, namely, managerial employees and fiduciary rank-
    and-file employees. Managerial employees are considered to occupy
    positions of trust and confidence because they are “entrusted with
    confidential and delicate matters.”

    The second condition that must be satisfied is the presence of some basis for
    the loss of trust and confidence. This means that “the employer must
    establish the existence of an act justifying the loss of trust and confidence.” 3
    A managerial employee may be dismissed on the ground of loss of trust and
    confidence, by mere existence of a basis for believing that such employee
    has breached the trust of his employer. Hence, in the case of managerial
    employees, proof beyond reasonable doubt is not required, it being sufficient
    that there is some basis for such loss of confidence, such as when the
    employer has reasonable ground to believe that the employee concerned is
    responsible for the purported misconduct, and the nature of his participation
    therein renders him unworthy of the trust and confidence demanded by his
    position.

    Complainants were not ordinary rank-and-file employees. Their position of


    responsibility on delicate managerial matters entailed a substantial amount
    of trust from herein Respondent.

    Clearly from the foregoing, it can be deduced that ____ held a managerial
    position and, therefore, enjoyed the full trust and confidence of his
    superiors, As a managerial employee, he was “bound by more exacting work
    ethics” and should live up to this high standard of responsibility.

    1
    Caoile v. National Labor Relations Commission, 359 Phil 399, 406 (1998) [Per J.
    Quisumbing, First Division].
    2
    Baguio Central University v. Gallente, 722 Phil. 494, 505 (2013) [Per J. Brion, Second
    Division].
    3
    Ibid.
    It was established that when ____ created and invited his co-employees in a
    group message using the skype account paid and provided by the employer
    and during work hours, he had already breached the employer’s trust. His
    explanation that he together with his co-employees were merely expressing
    their honest opinions could not prevail over his unnecessary comments that
    gives the employer an impression that they are planning to sabotage the
    business through resignation.

    Simply put, his act was without justification, if not, a lame excuse. For this
    transgression, Respondent was placed in a difficult position of withdrawing
    the trust and confidence that it reposed on the complainant and eventually
    deciding to end his employment. “Unlike other causes for dismissal, trust in
    an employee, once lost is difficult, if not impossible, to regain.” 4

    Although, it may be true that Respondent did not sustain damage or loss on
    account of complainant’s action, this is not reason enough to absolve him
    from the consequence of his misdeed. The fact that an employer did not
    suffer pecuniary damage will not obliterate the complainant’s betrayal of
    trust and confidence reposed on him by his employer. 5

    4
    Matis v. Manila Electric Company, G.R. No. 206629, 14 September 2016.
    5
    United South Dockhandlers, Inc. v. National Labor Relations Commission, 335 Phil. 76, 81-
    82 (1997).

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