Understanding Serious Misconduct as Grounds for Employee Dismissal

G.R. No. 252399, February 08, 2021

Imagine a situation where a heated argument between an employee and a supervisor, witnessed by important clients, leads to the employee’s termination. Was the dismissal justified? This scenario highlights the complexities surrounding serious misconduct in the workplace and when it warrants dismissal. The Supreme Court case of Glen D. Mesina v. S&T Leisure Worldwide, Inc. and Reginald M. Pagkatipunan delves into this issue, clarifying the boundaries of what constitutes serious misconduct and its consequences.

What Constitutes Serious Misconduct Under Philippine Labor Law?

Philippine labor law protects employees from arbitrary dismissal. However, it also recognizes the employer’s right to manage its business effectively and maintain discipline in the workplace. Article 297(a) of the Labor Code allows an employer to terminate an employee for “serious misconduct.” But what exactly does this mean?

Misconduct, in general, is defined as improper or wrong conduct. For it to be considered ‘serious’ and justify dismissal, it must meet specific criteria. The Supreme Court has consistently held that the misconduct must be:

• Serious: The act must be of a grave and aggravated character, not merely trivial or unimportant.
• Related to Work: It must relate to the employee’s performance of duties, demonstrating unfitness to continue working for the employer.
• With Wrongful Intent: The act must have been performed with wrongful intent, implying a deliberate and willful violation of company rules or standards.

To illustrate, consider an employee who repeatedly violates safety protocols, putting colleagues at risk. If these violations are intentional and demonstrably dangerous, it could constitute serious misconduct. On the other hand, a minor error in judgment, without wrongful intent, would likely not justify dismissal.

The Case of Glen D. Mesina: A Breakdown

Glen D. Mesina, an Overall Technician at Sky Ranch in Tagaytay City, was terminated after two incidents involving disrespectful behavior towards his superiors and clients. Here’s a chronological account of the events:

• November 4, 2015: An altercation occurred between Mesina and the General Manager regarding trash in the Sky Eye control panel booth. Mesina retorted disrespectfully when called out. This incident was witnessed by BDO Insurance Auditors.
• November 5, 2015: Mesina received a memorandum for improper conduct and was asked to explain. He admitted to raising his voice and being disrespectful.
• Subsequent Incident: Mesina refused to facilitate a ride for corporate sales agents brought by SMFECI officials, leading to another confrontation.
• January 19, 2016: Mesina was terminated due to serious misconduct.

The case went through several stages:

• Labor Arbiter (LA): Initially ruled in favor of Mesina, finding the misconduct not serious enough for dismissal.
• National Labor Relations Commission (NLRC): Reversed the LA’s decision, holding Mesina guilty of serious misconduct and willful disobedience.
• Court of Appeals (CA): Affirmed the NLRC’s decision, finding no grave abuse of discretion.

The Supreme Court, in its decision, emphasized the importance of maintaining civility in the workplace, quoting Sterling Paper Products Enterprises, Inc. v. KMM-Katipunan: “No matter how the employee dislikes his employer professionally, and even if he is in a confrontational disposition, he cannot afford to be disrespectful and dare to talk with an unguarded tongue and/or win with a baleful pen.”

Ultimately, the Supreme Court upheld the dismissal, stating, “Even if petitioner was only reacting to the supposed bad behavior of his superior, it is still not a valid defense to display a discourteous and improper behavior, especially at a time when there was an ongoing inspection being conducted by respondents’ main client and BDO Insurance Auditors.”

Practical Implications for Employers and Employees

This case underscores the importance of maintaining professional conduct in the workplace, especially when interacting with superiors and clients. For employers, it reinforces the right to discipline employees for serious misconduct that undermines the company’s reputation and operations. For employees, it serves as a reminder that disrespectful behavior can have serious consequences.

Key Lessons

• Maintain Professionalism: Always conduct yourself professionally, even in stressful situations.
• Respect Authority: Show respect to superiors and clients, regardless of personal feelings.
• Understand Company Policies: Familiarize yourself with company policies regarding conduct and discipline.

Frequently Asked Questions

Q: What is the two-notice rule?

A: The two-notice rule requires employers to provide employees with two written notices before termination: one informing them of the charges against them and another informing them of the decision to terminate their employment.

Q: What is considered willful disobedience?

A: Willful disobedience involves the employee’s intentional and unjustified refusal to obey a lawful and reasonable order of the employer related to their work.

Q: Can I be dismissed for a single act of misconduct?

A: It depends on the severity of the misconduct. A single act of serious misconduct, such as theft or violence, may be sufficient grounds for dismissal.

Q: What should I do if I believe I was unjustly dismissed?

A: Consult with a labor lawyer immediately to assess your legal options and file a complaint with the NLRC if necessary.

Q: Am I entitled to 13th month pay even if I am terminated?

A: Yes, you are entitled to a proportionate 13th month pay for the period you worked during the year, even if you were terminated before the payment date.

ASG Law specializes in labor law and employment disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.