Saturday, March 29, 2008 Labor Case Digest: Serious Misconduct By Dominador Almirante
Ma. Roxanney Manuel, vice president and general manager of petitioner Marival Trading Inc., was conducting a meeting with two officers when the shoulder bag of private respondent Vianney Abella, a chemist/quality controller, fell loudly on the floor, disrupting the meeting. Manuel approached Abella to ask what the problem was and the latter expressed her resentment over the fact that the employees were not informed first before their tables were moved. Manuel asked Abella to leave the room but she refused.
Did the act of Abella constitute serious misconduct as to be a valid ground for dismissal?
Ruling: No.
In the case at bar, records do not show that Abella made any such false and malicious statements against her superiors. Quite obviously, affiants failed to cite particular acts or circumstances, which would show that Abella was extremely disrespectful to her superior. Affiants merely alleged that respondent threw her bag and other things noisily and uttered unpleasant remarks at her employer.
Abella merely uttered, “Sana naman next time na uurungin yung gamit naming (sic), eh sasabihin muna sa amin.” We do not find the remarks unpleasant. Quite the contrary, the words “sana naman” which Abella supposedly uttered, suggest that she was merely making a request or entreaty to her superior for a little more consideration. Her utter lack of respect for her superior was not patent.
False and malicious statements were not made by Abella. Her acts were not intended to malign or to cast aspersion on Manuel, Marival’s vice president and general manager. The affidavits were not sufficient to prove Abella’s gross misconduct.
Viewed in its context, the act is not of such serious and grave character to warrant dismissal. Given the factual circumstances of this case, Abella’s act clearly do not constitute serious misconduct as to justify her dismissal. (Marival Trading Inc. et. al. versus NLRC, G.R. No. 169600, June 26, 2007).
