Photo from Unsplash | Markus Spiske
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The charge of drug abuse inside the company’s premises and during working hours against constitutes serious misconduct, which is one of the just causes for termination.
The Supreme Court took judicial notice of scientific findings that drug abuse can damage the mental faculties of the user. It is beyond question therefore that any employee under the influence of drugs cannot possibly continue doing his duties without posing a serious threat to the lives and property of his co-workers and even his employer.
(Eduardo Bughaw, Jr. vs. Treasure Island Industrial Corporation, G.R. No. 173151, March 28, 2008)
When an employee engages in drug abuse within the workplace premises and during working hours, it constitutes serious misconduct, warranting termination of employment.
Jurisprudence says:
Misconduct is 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 merely an error in judgment. The misconduct to be serious within the meaning of the Act must be of such a grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must nevertheless, in connection with the work of the employee, constitute just cause for his separation. (Eduardo Bughaw, Jr. vs. Treasure Island Industrial Corporation, G.R. No. 173151, March 28, 2008)
The Supreme Court has emphasized the severity of drug abuse in the workplace through various rulings. In the case of Eduardo Bughaw, Jr. vs. Treasure Island Industrial Corporation (G.R. No. 173151, March 28, 2008), the Court underscored the detrimental effects of drug abuse on an individual’s mental faculties. It recognized that an employee under the influence of drugs cannot fulfill their duties without endangering the lives and assets of their colleagues and employer.
For employers, the decision to dismiss an employee for drug abuse is rooted in the need to maintain a safe and productive work environment. Employers have a duty to protect their workforce and assets from harm, and tolerating drug abuse within the workplace undermines this responsibility. Additionally, allowing such behavior to persist sets a dangerous precedent and may lead to legal liabilities for the employer.
While employers have the authority to terminate employees for just causes like drug abuse, employees still have rights under the law. It is essential for employers to adhere to due process and provide the employee with an opportunity to be heard and defend themselves against the allegations.
In conclusion, the dismissal of an employee due to drug abuse inside the workplace is a serious matter that carries legal and ethical implications for both employers and employees. Employers must uphold their duty to maintain a safe work environment, while employees are entitled to due process and fair treatment.
Related Article/s:
International Day Against Drug Abuse and Illicit Trafficking of Drugs
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.