Also, the act complained of should have arisen from the performance of the employee’s duties.īreach must be related to the performance of the employee’s function.įor more discussion on valid dismissal on this ground you may read Guide to Valid Dismissal of Employees, Second Edition by Atty. Loss of confidence should relate to acts inimical to the interests of the employer. To constitute a just cause for dismissal, the act complained of must be work-related and shows that the employee concerned is unfit to continue to work for the employer. Unsupported by sufficient proof, loss of confidence is without basis and may not be successfully invoked as a ground for dismissal. Such a vague, all-encompassing pretext as loss of confidence, if unqualifiedly given imprimatur, could readily reduce to barren the constitutional guarantee of security of tenure. Conclusion of law or of fact will not stand before the court of law. The employer must provide substantial basis to support its claim of breach of trust. A 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. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse.Ī willful breach cannot be a breach resulting from mere carelessness. To be valid ground for an employee’s dismissal, loss of trust and confidence must be based on a willful breach.
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