What is the basis of “loss of trust and confidence”as a valid ground for dismissal?
Loss of trust and confidence as a valid ground for dismissal is premised on the fact that the employee holds a position whose functions may only be performed by someone who enjoys the trust and confidence of the management.
Casco vs. National Labor Relations Commission, G.R. No. 200571, February 19, 2018, [856 SCRA 12]
Give an example where rank-and-file employees may be classified as occupying the positions of trust and confidence.
The Supreme Court has held that rank-and-file employees who are routinely charged with the care and custody of the employer’s money or property are classified as occupying positions of trust and confidence.
Digital Communications Phils., vs. Ayapana , G.R. No. 195614, January 10, 2018, [850 SCRA 240]
When can a lay-off amount to dismissal?
When a lay-off is permanent, it amounts to dismissal. However, when the same is temporary, it is regarded as a mere suspension of the employment status of the employee.
What must the employer consider in drafting and promulgating company policies?
While an employer enjoys a wide latitude of discretion in the promulgation of policies, rules, and regulations on work-related activities of the employees, those directives, however, must always be fair and reasonable, and the corresponding penalties, when prescribed, must always be commensurate to the offense involved and to the degree of the infraction.
Lourdes School Quezon City, Inc.. vs. Garcia, G.R. No. 213128, February 07, 2018, [855 SCRA 105]
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