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Supervisors in Loss of Trust and Confidence

This document discusses the legal standards for terminating an employee due to loss of trust and confidence. It establishes that loss of trust and confidence can justify termination not just for managerial employees but also for supervisors and those in positions of responsibility. The case examines whether a senior financial accountant could be terminated for loss of trust and confidence after submitting fraudulent expense items. It also outlines additional standards from the Department of Labor and Employment that must be met, including that the act causing loss of trust and confidence must be willful and not merely negligent.

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Ludica Oja
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636 views2 pages

Supervisors in Loss of Trust and Confidence

This document discusses the legal standards for terminating an employee due to loss of trust and confidence. It establishes that loss of trust and confidence can justify termination not just for managerial employees but also for supervisors and those in positions of responsibility. The case examines whether a senior financial accountant could be terminated for loss of trust and confidence after submitting fraudulent expense items. It also outlines additional standards from the Department of Labor and Employment that must be met, including that the act causing loss of trust and confidence must be willful and not merely negligent.

Uploaded by

Ludica Oja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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, managers, 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. Etcuban, Jr.
v. Sulpicio Lines, Inc. G.R. No. 148410

In the the case, COCA-COLA EXPORT CORPORATION vs CLARITA P. GACAYAN, G.R. No. 149433, one
of the main question was W/N LOSS OF TRUST AND CONFIDENCE, AS A JUST CAUSE FOR
TERMINATION, IS NOT RESTRICTED TO MANAGERIAL EMPLOYEES BUT LIKEWISE APPLIES TO
SUPERVISORS OR OTHER PERSONNEL OCCUPYING POSITIONS OF RESPONSIBILITY.

Here SC found out that Gacayan was the Senior Financial Accountant of petitioner company. That
while respondent Gacayan denies that she is handling or has custody of petitioners funds, a re-
examination of the records of this case reveals that she indeed handled delicate and confidential
matters in the financial analyses and evaluations of the action plans and strategies of petitioner
company. Respondent Gacayan was also privy to the strategic and operational decision-making of
petitioner company, a sensitive and delicate position requiring the latters utmost trust and
confidence. As such, she should be considered as holding a position of responsibility or of trust and
confidence. Although the amounts involved in the subject receipts were relatively small, or only the
dates and/or items ordered were altered or tampered with, respondent Gacayans act of submitting
fraudulent items of expense adversely reflected on her integrity and honesty, which is ample basis
for petitioner company to lose its trust and confidence in her.

D.O. No. 147-15 issued by the Department of Labor and Employment (“DOLE”) also sets additional
standards that need to be met before loss of trust and confidence may be legally recognized as a just
cause for termination, which are:

1. There must be an act, omission or concealment on the part of the employee concerned.

2. The act, omission or concealment justifies the loss of trust and confidence of the employer to
the employee.

3. The employee concerned must be holding a position of trust and confidence.

4. The loss of trust and confidence should not be simulated.

5. It must be genuine and not a mere afterthought to justify an earlier action taken in bad faith.

In Tiu and/or Conti Pawnshop v. National Labor Relations Commission, 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.

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