Coverup

This is another case of dismissal based on breach of trust and confidence which is usually applied to supervisory employees. To be a valid ground for dismissal the breach must be willful and connected with the employees’ work. This is illustrated in this case of Randy, Ernie and Lando.

Randy was the Delivery Supervisor while Lando and Ernie were the Sales Supervisor of a bottling company (Coke) based in the north. Their case arose when one of its salesmen, Mando, figured in a motor vehicle accident while driving the company’s motor vehicle without proper authorization.

The accident caused injuries to Mando requiring hospitalization where he was observed to have been under the influence of liquor when the accident happened. Even the police blotter of the accident indicated that Mando was under the influence of liquor.

Randy and Lando however conspired with Ernie in trying to cover this up by securing a medical certificate from the hospital and a police report which omitted the statement that Mando was under the influence of liquor even using the name of their General Manager for such purpose.

Upon learning of the trio’s acts of producing said report and medical certificate, the company required them to explain why no disciplinary action should be taken against them for violation of the Employees’ Code of Disciplinary Rules in relation to Article 282 of the Labor Code.

After proper hearing and investigation, the company established that the three supervisors conspired to produce an “altered report” to make it appear that Mando was not under the influence of liquor. So the company dismissed them from the service for breach of trust and confidence.

Randy, Lando and Ernie thus filed complaints for illegal suspension and illegal dismissal with claim for back-wages and separation pay. They contended that the alleged breach of confidence, if any there be was not willful and was not connected with their work. Were they correct?

No. Randy, Lando and Ernie committed acts which are inimical to the interests and stability not only of the management but of the company itself. They did so through deceitful means and methods.

Indeed by obtaining an altered police report and medical certificate, they deliberately attempted to cover up the fact that Mando was under the influence of liquor at the time the accident took place. In so doing they committed acts inimical to the company’s interests. They thus committed a work related breach of trust and confidence reposed in them. Hence they were validly dismissed and cannot be awarded back-wages or separation pay which is justified only if there is a finding of illegal dismissal (De la Cruz and Lacuata vs. Coca Cola Bottlers Phils. Inc. G.R.180465, July 31, 2009).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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