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    Dacer, Icy JD-2A (Labor Relations) - Serious Misconduct

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    Cy Dacer
    Sinajon and Abenir were security personnel for Bookmedia who were reported to have left work early after punching in. They claimed it was due to emergencies at home. Bookmedia fired them, but the Labor Arbiter and courts found the dismissal to be illegal as their actions did not constitute serious misconduct, willful disobedience, or fraud. The Supreme Court affirmed this decision, noting the dismissal penalty must be proportionate to the offense, and it was their first infraction. The respondents were awarded separation pay and back wages instead of reinstatement due to strained relations.

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    Dacer, Icy JD-2A (Labor Relations) - Serious Misconduct

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    Cy Dacer
    22 views1 page
    Sinajon and Abenir were security personnel for Bookmedia who were reported to have left work early after punching in. They claimed it was due to emergencies at home. Bookmedia fired them, but the Labor Arbiter and courts found the dismissal to be illegal as their actions did not constitute serious misconduct, willful disobedience, or fraud. The Supreme Court affirmed this decision, noting the dismissal penalty must be proportionate to the offense, and it was their first infraction. The respondents were awarded separation pay and back wages instead of reinstatement due to strained relations.

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    Dacer, Icy JD-2A (Labor Relations)- Serious Misconduct

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    Sinajon and Abenir were security personnel for Bookmedia who were reported to have left work early after punching in. They claimed it was due to emergencies at home. Bookmedia fired them, but the Labor Arbiter and courts found the dismissal to be illegal as their actions did not constitute serious misconduct, willful disobedience, or fraud. The Supreme Court affirmed this decision, noting the dismissal penalty must be proportionate to the offense, and it was their first infraction. The respondents were awarded separation pay and back wages instead of reinstatement due to strained relations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    22 views1 page

    Dacer, Icy JD-2A (Labor Relations) - Serious Misconduct

    Uploaded by

    Cy Dacer
    Sinajon and Abenir were security personnel for Bookmedia who were reported to have left work early after punching in. They claimed it was due to emergencies at home. Bookmedia fired them, but the Labor Arbiter and courts found the dismissal to be illegal as their actions did not constitute serious misconduct, willful disobedience, or fraud. The Supreme Court affirmed this decision, noting the dismissal penalty must be proportionate to the offense, and it was their first infraction. The respondents were awarded separation pay and back wages instead of reinstatement due to strained relations.

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    © All Rights Reserved
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    of 1

    LABOR RELATIONS

    ICY DACER JD-2A

    G.R. NO. 213009


    BOOKMEDIA PRESS, INC. & BRIZUELA VS. SINAJON & ABENIR
    JULY 17, 2019

    FACTS:

    Bookmedia hired Sinajon and Abenir as in-house security personnel. They were tasked in securing
    the safety and well-being of Brizuela , and also for monitoring the actuations and conditions of certain
    contractual workers within Bookmedia’s plant while Brizuela is not around.
    On July 20, 1997, Brizuela received a report from Larry Valdoz (security guard) that Sinajon and
    Abenir left the company premises moments after punching-in their respective time cards. The report also
    alleges that Sinajon returned on the evening of the same day and punched-out his and Abenir’s time cards.
    In their letter-explanations on the next day, they admitted to punching-in their time cards and then
    leaving work early due to some emergency in their respective homes. On the 22 nd of July, they were both
    fired. Now, they filed a complaint before the Labor Arbiter for illegal dismissal.
    The LA rendered the dismissal illegal. On appeal to the NLRC, the decision was affirmed. In the CA,
    the decision was still affirmed. Hence, this case now in the SC.

    ISSUE:

    WON the actions of Sinajon and Abenir constituted just causes for their dismissal.

    RULING:

    It was held that the actions of the respondents do not qualify as just causes for dismissal. Such
    actions cannot be considered as serious misconduct, willful disobedience of an employer’s lawful order, or
    fraud.

    In Ha Yuan Restaurant v. NLRC, the just cause of serious misconduct is defined as 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 of judgment.

    In Gold City Integrated Port Sevices,Inc. v. NLRC, willful disobedience of an employer’s lawful
    order as a just cause for dismissal, envisages the concurrence of at least two requisites: (1) the employee’s
    assailed conduct must have been willful or intentional, the willfulness being characterized by a wrongful or
    perverse attitude, and the order violated must have been reasonable , lawful, made known to the employee
    and must pertain to the duties which he had been engaged to discharge.

    In National Power Corp. v Olandesca, fraud or dishonesty is defined as the 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.

    The actions of the respondents lack the elements of willfulness or seriousness so as to warrant their
    dismissal. There was no evidence proving so. Moreover, the penalty imposed must be commensurate to the
    depravity of the malfeasance, violation or crime being punished. A grave injustice is committed in the name
    of justice when the penalty imposed is grossly disproportionate to the wrong committed.

    Considering the fact that it is the first and only time that respondents had committed any infraction
    against Bookmedia, respondents is deemed to have been illegally dismissed. In lieu of reinstatement, they
    were granted separation pay and backwages due to strained relations.

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