The requirement of a cash or surety bond as provided under Article 223 of the Labor Code only applies to appeals from the orders of the LA to the NLRC. Cesar Talento and Modesta Herrera Talento v. Atty. Plagiarism is a form of research misconduct and a serious violation of the norms of science. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; b. The NLRC sustained the findings of the LA that there had been just cause for his dismissal. 2. whether Jonathan was validly dismissed. No. It declared that no illegal dismissal took place as Jonathan’s services were terminated pursuant to a just cause. Also, Jonathan contends that the CA’s findings of fact are contrary to the findings of fact by the NLRC. California's was the first comprehensive "no-fault" divorce law, and it inspired a nationwide debate over divorce reform. It is settled that in order for misconduct to be serious, "it must be of such grave and aggravated character and … Since the findings of fact of quasi-judicial agencies are accorded respect and finality, he argues that the NLRC’s decision must be sustained. The Court defines misconduct as “a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a … On May 28, 2003, Sr. Quiambao formally directed the petitioner to explain in writing why she should not be dismissed for engaging in pre-marital sexual relations and getting pregnant as a result thereof, which amounts to serious misconduct and conduct unbecoming of an employee of a Catholic school. On April 21, 2001, Equator discovered that two firearms were missing from its inventory. While Jonathan initially filed an action for illegal suspension, the position papers both parties filed treated the case as one for illegal dismissal. It held that Equator’s letter informing him of his temporary suspension until further notice did not satisfy the requirements of due process for a valid dismissal. Your nursing practice is directly affected by your ability to make informed decision within the parameters of these laws. 1, Serious Misconduct: Cases Where Supreme Court Held as Serious Misconduct. Mark Delima. jerome m. daabay, vs. coca-cola bottlers phils., inc august 19, 2013 He did not merely violate a company policy; he violated the law itself (Presidential Decree No. jurisprudence on labor standards and labor relations 1 department of labor and employment ... a measure of social justice is allowed only in instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character. Yes. Willful breach of trust (or loss of confidence as interchangeably referred to in jurisprudence) and serious misconduct are just causes for the dismissal of an employee under Article 282 (a) and (c), respectively, (now Article 296) 24 of the Labor Code. 174 as against D.O. No. It also submits that both the LA and the NLRC concur in finding just cause for the dismissal of Jonathan; hence, Jonathan’s subsequent dismissal is valid. Fernandez deserves to be sanctioned. On May 8, 2001, while Jonathan was under suspension, a security guard from Equator was apprehended by policemen for violating the Commission on Elections’ gun ban rule. In order to validly dismiss an employee, the observance of both substantive and procedural due process by the employer is a condition sine qua non. He was tasked, among others, with the duty of assisting in the operations of the security services; he was also in charge of safekeeping Equator’s firearms. 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