Published — January 18, 2021
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 your own lawyer to address your legal concerns, if 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.
Also read: Drug -free program for a drug-free workplace
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Persons taking prohibited drugs tend to commit criminal activities
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The use of dangerous drugs has adverse effects on driving abilities
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Refusal to undergo the company’s general drug test may lead to termination
May an employer validly dismiss an employee on the ground of refusal by the latter to undergo drug testing?
It is a common perception that the only legal reasons for terminating an employee from employment are those found in the Labor Code of the Philippines such as the just and authorized causes. A dismissal based on just cause (s) means that the employee has committed a wrongful act or omission; while a dismissal based on authorized cause means that there exists a ground which the law itself authorizes to be invoked to justify the termination of an employee even if he has not committed any wrongful act or omission such as closure of operation of business or retrenchment among others.
However, the Supreme Court has allowed other specific grounds for termination such as gross inefficiency, stealing co-employee’s personal belongings, and refusal to undergo drug testing.
For terminating an employee based on his or her refusal to undergo drug testing, let us take the case of Kakampi and its Members, Victor Panuelos, et al., vs. Kingspoint Express.
In this case Dacara, Lupangco, Pazi, Tabarangao, Hizole and Carillo were former drivers of Kingspoint Express and Logistic (company), a registered sole proprietorship and engaged in the business of transporting goods.
According to the company, all drivers filed before the National Labor Relations Commission (NLRC) a false, malicious, and fabricated cases against the company. Also, these drivers refused to undergo drug testing which is unwarranted and against company policy. On that ground the company required the drivers to explain their refusal to submit to a drug test. The drivers failed to submit their written explanation. As a consequence, they were formally charged with dishonesty, serious misconduct, loss of confidence and acts inimical to the company.
A complaint for illegal dismissal was subsequently filed by the drivers against the company.
The company reasoned out that they are an entity engaged in the delivery of goods called “door-to-door” business. As such, drivers are in custody of goods and moneys belonging to customers. Thus, the company want to ensure that their drivers are drug-free and honest.
Is refusal to undergo drug testing a valid ground by the company in terminating the employment of the drivers?
The Supreme Court said:
Yes.
The Supreme Court agreed with the employer or the company that the driver’s refusal to submit themselves to drug test is a just cause for their dismissal. Kingspoint express is an entity engaged in the delivery of goods called “door-to-door” business. As such respondents are in custody of goods and money belonging to customers. Thus, Kingston want to ensure that their drivers are drug-free and honest. It is undeniable that persons taking prohibited drugs tend to commit criminal activities when they are “high”, as most of them are out of their minds. The drivers are on the road most of the time. Thus, they must see that they do not cause damage to other motor vehicles and pedestrians.
It is common knowledge that the use of dangerous drugs has adverse effects on driving abilities that may render the dismissed employees’ incapable of performing their duties to Kingspoint Express and acting against its interests, in addition to the threat they pose to the public. Accordingly, as correctly pointed out by the NLRC, drivers are indispensable to Kingspoint Express’ primary business of door-to-door delivery services.
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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