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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.