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  • Illegal Dismissal and Unfair Labor Practice

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    chikkieting
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    Mahilum, the president of the VECO Employees Union, was terminated for willful breach of trust after he was interviewed by the media and distributed documents containing grievances against VECO, which were published in local newspapers. The Supreme Court ruled that Mahilum's dismissal was proper, as his position required responsibility, trust and confidence, which he intentionally violated by publicly issuing derogatory statements against his employer instead of addressing grievances through proper channels.

    Исходное описание:

    case digest

    Оригинальное название

    LaborLaw2015Q3.VECOEmployeesUnion&MahilumVsVECO.

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    Mahilum, the president of the VECO Employees Union, was terminated for willful breach of trust after he was interviewed by the media and distributed documents containing grievances against VECO, which were published in local newspapers. The Supreme Court ruled that Mahilum's dismissal was proper, as his position required responsibility, trust and confidence, which he intentionally violated by publicly issuing derogatory statements against his employer instead of addressing grievances through proper channels.

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    7 просмотров1 страница

    Illegal Dismissal and Unfair Labor Practice

    Загружено:

    chikkieting
    Mahilum, the president of the VECO Employees Union, was terminated for willful breach of trust after he was interviewed by the media and distributed documents containing grievances against VECO, which were published in local newspapers. The Supreme Court ruled that Mahilum's dismissal was proper, as his position required responsibility, trust and confidence, which he intentionally violated by publicly issuing derogatory statements against his employer instead of addressing grievances through proper channels.

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    © All Rights Reserved
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    Отметить как неприемлемый контент
    из 1

    VECO Employees Union & Mahilum vs. VECO, G.R. No. 205575.

    July 22, 2015


    First Division, Perlas-Bernabe, J.

    Illegal Dismissal and Unfair Labor Practice

    Mahilum, president of the petitioner union and other union officers were interviewed by the media,
    and handed out a document containing their grievances against VECO, which came out in local
    newspapers. Following said incident, an investigation was conducted and Mahilum was terminated
    from employment due to willful breach of trust. Was his dismissal proper?

    Yes. Loss of trust and confidence, in order to constitute a just cause for dismissal, must be willful,
    meaning, it must be done intentionally, knowingly, and purposely, without justifiable excuse. The
    employee concerned must also hold a position of responsibility, trust, and confidence. All of these are
    present in the case. Instead of Mahilum bringing his grievances against the management to the proper
    forum, he intentionally, knowingly and purposefully breached his employer's trust, by issuing
    derogatory statements and causing their publication, to incite public condemnation against the
    latter. Mahilum’s position is also one imbued with responsibility.

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