Saturday, October 20, 2007 Serious misconduct By Dominador A. Almirante Labor case digest
RESPONDENT Juvy Soria assaulted her co-worker, Ma. Teresa Sumalague, resulting in a scuffle between them. Despite the intervention of their supervisor, administration officer and manager, they continued to cast tirades at each other.
As a result of the incident, the manager of petitioner Ha Yuan Restaurant banned them from working with it. In a complaint for illegal dismissal filed by respondent, she was awarded separation pay. Was the award justified?
Ruling: No.
The Court holds that respondent’s cause of dismissal in this case amounts as a serious misconduct and as such, separation pay should not have been awarded to her.
Thus, the petition should be granted.
Misconduct is improper and wrongful conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrong intent and not mere error of judgment.
To be a valid cause for termination, the misconduct must be serious. (Colegio de San Juan de Letran – Calamba v. Villas, 447 Phil. 692, 699 (2003)).
The fact that Sumalague sustained injuries is a matter that cannot be taken lightly. Moreover, the incident disturbed the peace in the workplace, not to mention that respondent and Sumalague committed a breach of its discipline.
(Flores v. NLRC, 326 Phil. 750, 761 (1996)). Clearly, respondent committed serious misconduct within the meaning of Art. 282 of the Labor Code, providing for the dismissal of employees. (Ha Yuan Restaurant vs. NLRC, G.R. No. 147719, January 27, 2006).
