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MGG Marine Sevices, Inc., et al. vs NLRC, et al.

MGG MARINE SERVICES, INC. and/or DOROTEO C. GARLAN and CESAR ROTILO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and ELIZABETH A. MOLINA, respondents.

G.R. No. 114313 | 1996-07-29

PANGANIBAN, J.:


To justify fully the dismissal of an employee, the employer as a rule must prove (a) that the termination was due to a just cause and (b) that the employee was afforded due process prior to dismissal. Does the violation by a comptroller-finance officer of explicit instructions from senior management on how the available liquid resources of the company are to be controlled and disbursed, such violation resulting in the collapse of the company's cash flow, constitute loss of trust and confidence sufficient to justify termination of such management officer? Where the presence of just cause is shown, what is the consequence...