DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

BALLESTEROS WAS DISMISSED FROM EMPLOYMENT. THE GROUNDS WERE: SHE INCURRED TARDINESS, ABSENCES, FAILURE TO OBEY OFFICE PROCEDURES AND FAILURE TO ACCOUNT FOR P1,2000.00. THE LABOR ARBITER DISMISSED THE CASE. NLRC REVERSED LA DECISION AND GRANTED RELIEFS TO BALLESTEROS. CA AFFIRMED. SUPREME COURT AFFIRMED.

EMPLOYER ALLEGED THAT BALLESTEROS COMMITTED GROSS NEGLECT OF DULY BECAUSE OF HER HABITUAL LEAVES OF ABSENCE, HABITUAL TARDINESS AND UNDERTILE. CA FOUND THAT THE COMPANY FAILED TO PRESENT SUBSTANTIAL EVIDENCE.

WHAT IS THE STANDARD FOR ESTABLISHING GROSS NEGLECT OF DUTY AS JUST CAUSE FOR TERMINATION. HOW IS THIS APPLIED IN THE CASE?

EMPLOYER CONTENDS THAT BALLESTEROS DISMISSAL WAS DUE TO HER OPEN AND WILFULL DISOBEDINCE  OF COMPANY PROCEDURE IN THE PREPARATION OF DEPOSIT SLIPS. THE WILLFUL DISOBEDIENCE MUST BE CHARACTERIZED BY WRONGFUL AND PERVERSE ATTITUDE. NOT PRESENT HERE.

EMPLOYER SAID BALLESTEROS WAS DISMISSED BECAUSE OF LOSS OF TRUST AND CONFIDENCE DUE TO MONETARY SHORTAGE OF P1,100.00. SUCH SHORTAGE CANNOT BE CONSIDERED SUBSTANTIAL AND SEVERE. AND IN FACT THE MONEY WAS RETURNED.

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