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When can a constructive dismissal arise?

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• When continued employment is rendered impossible, unreasonable or unlikely

• When there is a demotion in rank and/or a diminution in pay

• When a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee
  

St. Paul College, Pasig vs. Mancol, G.R. No. 222317, January 24, 2018, [853 SCRA 66]

 

 

 

 

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When can you dismiss an employee based on misconduct?

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• It must be serious

• It must relate to the performance of the employee’s duties

• It must show that the employee has become unfit to continue working for the employer

 

Gaite vs. Filipino Society of Composers, Authors and Publishers, G.R. No. 219324, August 08, 2018 [877 SCRA 59]

 

 

 

 

 

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When can you dismiss an employee based on disobedience?

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• The employee’s assailed conduct must have been willful or intentional

• The order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he [or she] had been engaged to discharge

Malcaba vs. Prohealth Pharma Philippines, Inc., G.R. No. 209085, June 06, 2018, [864 SCRA 518 ]

 

 

 

 

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When can an abandonment of work be considered as gross and habitual neglect of duties?

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• There should be a failure of the employee to report for work without a valid or justifiable reason

 

• There should be a showing that the employee intended to sever the employer-employee relationship, the second element being the more determinative factor as manifested by overt acts

Cabañas vs. Abelardo G. Luzano Law Office, G.R. No. 225803, July 02, 2018 , [869 SCRA 313]