Security of tenure

Question 1

Just Cause v. Authorized Cause

Answer 1

Just Cause - brought by the necessity and exigencies of business, changing economic conditions and illness of the employee.

Authorized Cause - brought by the necessity and exigencies of business, changing economic conditions and illness of the employee.

Question 2

Enumerate Just Cause for termination

Answer 2

1. Serious misconduct or willful disobedience
2. Gross and habitual neglect by the employee of his duties
3. Fraud or willful break by the employee of the trust reposed in his by his employer or duly authorized representative
4. Commission of a crime or an offense
5. Analogous causes

Question 3

Elements of serious misconduct?

Answer 3

1. misconduct
2. grave and aggravated in character
3. relate to the performance of the employee’s duties
4. employee becomes unfit to continue working for the employee

Question 4

Willful disobedience elements?

Answer 4

1. Disobedience or insubordination
2. willful or intentional characterized by a wrongful perverse attitude
3. order is reasonable, lawful, and made known to the employee
4. duties which he has been engaged to discharge (work related)

Question 5

Gross and habitual neglect elements

Answer 5

1. neglect of duty
2. negligence must be gross and habitual in character

Question 6

Fraud or willful breach of trust elements?

Answer 6

1. Act , commission, or concealment
2. involves a breach of legal duty, trust, or confidence justly reposed
3. committed against the employer or his representative
4. connection with the employers work

Question 7

Commission of a crime by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives, elements?

Answer 7

a. Act or commission punishable/prohibited by law
b. committed by the employee against the person of employer, any immediate member of his/her family, or his duly authorized representative.

Question 8

Analogous cases, elements?

Answer 8

a. Act or omission similar to those specified just causes
b. act or omission must be voluntary and/or willful on the part of the employees.

Question 9

Enumerate authorized causes

Answer 9

1. Installation of Labor Saving Devises
2. Redundancy
3. Retrenchment to prevent loss
4. Closing or cessation of operation

Question 10

Installation of Labor Saving Devises requisites?

Answer 10

1. Introduction of machinery, equipment or other devices
2. Done in good faith
3. Purpose must be valid such as to save on cost, enhance efficiency and other justifiable economic reasons
4. No other option available to the employer than the introduction of labor saving device
5. Fair and reasonable criteria in selecting employees to be terminated

Question 11

Redundancy requisites?

Answer 11

1. Superfluous positions or service of employees
2. position or service is in excess of what is reasonably demanded by the actual requirement of the enterprise to operate in an economical and efficient manner
3. good faith in abolishing redundant positions
4. fair and reasonable criteria in selecting employees to be terminated
5. adequate proof of redundancy

Question 12

Retrenchment to prevent loss requisites

Answer 12

1. Reasonably necessary and likely to prevent business losses
2. actual and real
   - if only expected, must be reasonably imminent
3. Proved by sufficient and convincing evidence
4. good faith
5. fair and reasonable criteria in determining who will be terminated