Breach of trust and confidence

Breach of trust and confidence "I have been working as an operations manager for six years now. One of the benefits we enjoyed in the company was the reimbursement of meal and transportation expenses incurred while rendering overtime work. I submitted my explanation denying any personal knowledge in the alteration of the receipts I forwarded to our finance department when I was made to explain such alterations. Can the president of the company terminate me on the ground of loss of trust and confidence? DaleDear Dale, To answer your question, we shall refer to Article 297 of the Labor Code of the Philippines, to wit:“ARTICLE 297. Termination by employer. — An employer may terminate an employment for any of the following causes: “(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work“(b) Gross and habitual neglect by the employee of his duties “(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative“(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives and“(e) Other causes analogous to the foregoing” (Emphases supplied).In the case of The Coca-Cola Export Corporation vs Clarita P. Gacayan (GR 149433, June 22, 2011), the Supreme Court, through Chief Justice Teresita Leonardo-de Castro, discussed: “It is well-settled in our jurisdiction that loss of trust and confidence constitutes a just and valid cause for an employee’s termination. xxx Law and jurisprudence have long recognized the right of employers to dismiss employees by reason of loss of trust and confidence. More so, in the case of supervisors or personnel occupying positions of responsibility, loss of trust justifies termination.Loss of confidence as a just cause for termination of employment is premised from the fact that an employee concerned holds a position of trust and confidence. This situation holds where a person is entrusted with confidence on delicate matters, such as the custody, handling, or care and protection of the employer’s property. But, in order to constitute a just cause for dismissal, the act complained of must be ‘work-related’ such as would show the employee concerned to be unfit to continue working for the employer.“We held that the language of Article 282 (c) of the Labor Code states that the loss of trust and confidence must be based on willful breach of the trust reposed in the employee by the employer. Ordinary breach will not suffice it must be willful. Such breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. And in the case of supervisors or personnel occupying positions of responsibility, like respondent Gacayan, the loss of trust and confidence must spring from the voluntary or willful act of the employee, or by reason of some blameworthy act or omission on the part of the employee.” (Emphases supplied)Applying the abovementioned law and the jurisprudence in your situation, your company must adduce evidence that you actually altered the receipts or the one responsible for the alterations to intentionally, maliciously and willfully prejudice your company. As an operations manager, you handle delicate and confidential matters in the management, strategic and operational decision-making of your company. As such, you are holding a position of responsibility or of trust and confidence. Your company can only terminate your employment if it will be proven that you intentionally and knowingly submitted tampered or altered receipts to support your claim for meal and transportation reimbursements, adversely affecting your integrity and character, which can be ample basis for your company to lose its trust and confidence on you.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/