Dear Atty. Shalie,
My cousin and I worked for a big manufacturing company. We were both regular employees who went through strict security checks on a daily basis. Just last year, my cousin’s family decided to move to another house, so he could live near our workplace. One time, as we were about to leave our work station, he took an open ream of bond paper, which he said his son needed for school. It was already half-used, and he thought it is not of much value, that he decided to take and bring it home. I told him to seek permission and ask our supervisor for it. I did not know if he heeded my advice or not. Unfortunately, while the security guards checked our belongings, the ream was found inside his bag, wrapped securely in his work uniform. A few days after, my cousin was relieved of his duties and eventually dismissed from work for stealing company property. Is it right for our company to simply disregard his more than one year in service and dismiss him for taking company property that is of insignificant value? Was it not wrong for our company to treat its employee so harshly?
Julia
*****
Dear Julia,
The main point that should be discussed is whether or not the penalty of dismissal was commensurate to the act committed, as clearly the cause was established and the decision to dismiss was exercised by the employer. In this case, the issue in which taking a company property for one’s own personal use, may the employee be validly dismissed for just cause for having committed serious misconduct, which is a just cause for dismissal from service. Article 282 of the Labor Code enumerates the just causes for termination, among which is serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work. Misconduct is defined as “the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment.” In a decided case, an employee took a used packing tape with the thought that she could use it for her own personal purposes. By her own admission, the employee showed that there was intent on her part to benefit herself when she attempted to bring home the packing tape. Prior to the incident, there had been several cases of theft and vandalism involving both the company’s property and personal belongings of other employees, for which reason the company took pains to constantly remind employees to observe honesty in their day-to-day work. Still, the dismissed employee decided to steal. All circumstances point to the conclusion that there was a deliberate act of theft of company property. Theft committed by an employee constitutes a valid reason for his dismissal by the employer. Although as a rule, the Courts affords liberal interpretation to the law, to help workers continue with their employment or to mitigate the penalties imposed on them but acts of dishonesty are a different matter. The employee may argue that the penalty of dismissal is too harsh and disproportionate to the offense committee, claiming insignificant value to the property taken as opposed to the loss of livelihood. In all cases, the Courts would always take into consideration all circumstances in deciding these cases, including the years of service, the records of the employee, the prevailing state in the work environment, among other factors, to determine whether or not the employee may be validly dismissed for serious misconduct.
Atty. Shalie Lazatin-Obinque