This complaint arose from the dismissal of the complainants Corazon
Jamer and Cristina Amortizido both were cashier of Isetann. They were both dismissed on the alleged ground of dishonesty for incurring a shortage ofP15,353.78.
Complainants were asked to explain and they submitted their respective
written explanations for the shortage.
Respondents placed both complainants under preventivesuspension for the
alleged shortages. Thereafter, respondents conducted an administrative investigation. Finding the explanation of the complainants to be unsatisfactory, respondent dismissed the complainants from the service. Aggrieved, complainant instituted this present action .
The Labor Arbiter directed the respondents to reinstate complainants to
service with full backwages and without loss of seniority rights.
Isetann and John Go appealed the aforesaid decision to the NLRC. The NLRC found that the complainants were validy dismissed for lack of confidence.
ISSUE: Were the petitioners validly dismissed?
( Limitation of Social Justice)
HELD:
Yes. The failure of the petitioners to report to the management the
irregularities constitute "fraud or willful breach of the trust reposed in them by their employer or duly authorized representative"--one of the just causes of valid termination of employment. The employer cannot be compelled to retain employees who were guilty of malfeasance as their continued employment will be prejudicial to the former's best interest. The law, in protecting the rights of the employees, authorizes neither oppression nor self-destruction of the employer.
The cause of social justice is not served by upholding the interest of
petitioners in disregard of the right of private respondents. Social justice ceases to be an effective instrument for the "equalization of the social and economic forces" by the State when it is used to shield wrongdoing