Serious Misconduct -- grounds for termination from employment

One of the responsibilities of an employee is to observe the proper decorum within the employer’s work premises. He must follow company rules and regulations. Failure to observe company rules and regulations constitutes a ground for suspension or dismissal from employment.

Serious misconduct is one of the grounds for a valid dismissal of an employee. To define, misconduct is an improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment. The misconduct must be of such a grave and aggravated character and not merely trivial or unimportant. (Autobus Workers’ Union vs. NLRC, GR. 117453, June 26, 1998).

The elements of a valid dismissal due to serious misconduct are as follows:

a) it must be serious;
b) it must relate to the performance of the employee’s duties; and
c) it must show that the employee has become unfit to continue working for the employer.

The Supreme Court has already ruled on the following acts which constitute serious misconduct, hence:

a) Challenging a superior to a fight. (Luzon Stevedoring Corporation vs. CIR, L-17411, L-18681, and L-18683, December 31, 1965)

b) Use of insulting and offensive language against a superior were not only destructive of the morale of his co-employees and a violation of company rules and regulations, but also constitute gross misconduct which is one of the grounds provided by law to terminate the services of an employee. (Autobus Workers Union vs. NLRC, GR 117453, June 26, 1998)

c) Repeated utterances of obscene, insulting or offensive words against a superior during and within working areas and making false and/or malicious statements against a superior, and violation of company rules and regulations. (Asian Design and Manufacturing Corporation vs. Deputy Minister of Labor, 142 SCRA 79)

d) Falsifying time cards or any other timekeeping records, or drawing salary/allowance by virtue of falsified time cards. (Manuel C. Felix vs. Enertech Systems Industries, Inc. G.R. No. 142007. March 28, 2001)

e) Drinking of alcoholic beverages during working time, performing work while under the influence of liquor, assaulting a supervisor or any official in the work place. (Club Filipino Inc. vs. Sebastian, July 23, 1992, GR No. 85490)

f) Using employer’s property, equipment and personnel in the personal business of the employee. (Zenco Sales, Inc. vs. NLRC, August 2, 1994, G.R. No. 111110).

g) Sexual harassment (Touching a female subordinate’s hand and shoulder, caressing her nape). [Libres vs. NLRC, May 28, 1999, G.R. No. 123737).