Published — June 1, 2022
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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.
Related article: Knowing the Legal Effects of a Finding of Illegal Dismissal
A good working relationship between co-employees is a must in all establishments. It grants calm working environment, increases teamwork efforts and productivity amongst employees. In relation to this, what if one employee causes strain to the working environment due to his or her attitude problem? Can the employer terminate his or her employee on the ground of his or her adverse personality? The answers to these questions are answered by the cases discussed below.
In the case of Heavylift Manila et al., vs. Court of Appeals, et al., G.R.No. 154410, October 20, 2005, a maritime agency was having problems with one of its employees, Ma. Dottie Galay (“Dottie”). The management kept on receiving low performance rating and negative feedbacks due to Dottie’s work attitude. Believing that Dottie’s attitude problem plagues the working environment, the management sent a letter to Dottie relieving her of several functions in the office. Subsequently, Dottie was terminated on the ground of loss of confidence.
As a result, Dottie filed an illegal dismissal case against her employer. The management countered that Dottie had an attitude problem and did not get along with her co-employees for which she was constantly warned to improve. Her attitude resulted to a decline in the company’s efficiency and productivity, and hence a ground for her termination from employment.
The Supreme Court ruled that, an employee who cannot get along with his co-employees is detrimental to the company for he can upset and strain the working environment. Without the necessary teamwork and synergy, the organization cannot function well. Thus, management has the prerogative to take the necessary action to correct the situation and protect its organization. When personal differences between employees and management affect the work environment, the peace of the company is affected. Further, the highest court of the land concluded that an employee’s attitude problem is a valid ground for his termination. In so concluding, the Supreme Court cited the case of Navarro III v. Damasco, G.R. No. 101875, 14 July 1995, where it described the harassment of an employee by a co-employee within the company premises even after office hours is a work-related matter considering that the peace of the company is thereby affected.
In addition, the Supreme Court noted that an employee’s attitude problem which affects the Company’s working environment is a situation analogous to loss of trust and confidence that must be duly proved by the employer. Similarly, compliance with the twin requirement of notice and hearing must also be proven by the employer.
Thus, as recently discussed in the previous articles, for loss of trust and confidence to be a valid ground for dismissal from employment, it must be based on wilful breach of trust that is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently (Interadent Zahntechnik Philippines, Inc. vs. Simbillo (810 SCRA 331, November 23, 2016).
In the case of Dottie, her employer neither proved the wilfulness of her acts nor establish her attitude problem, as such, the Supreme Court ruled that, the mere mention of negative feedback from her team members was not proof of her attitude problem. Hence, while attitude problem is a ground analogous to breach of trust and confidence, all employers must be reminded that the burden of proof in justifying an employee’s dismissal is not on the employee but on the employer who must affirmatively show adequate evidence that the dismissal was for justifiable cause.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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