FACTS:
Reynaldo Moya was hired by respondent First Solid, a business engaged in manufacturing of
tires and rubbers, as a machine operator. He was promoted as head of the Tire Curing Department of
the company. He reported an incident about under curing of tires within his department which led to
the damage of five tires. The incident was investigated by the company which he was later required to
explain. Upon explanation he stated that the damage was caused by machine failure and the incident
was without any fault of the operator. His employment was then terminated by the company. As a
result, he filed a complaint before the NLRC for illegal dismissal against First Solid Rubber Industries, Inc.
And its President Edward Lee Sumulong. The company insisted on its right to validly dismiss an
employee in good faith if it has a reasonable ground to believe that its employee is responsible of
misconduct, and the nature of his participation therein renders him absolutely unworthy of the trust
and confidence demanded by his position.
ISSUE:
Does the termination from employment of Moya was valid on the ground of loss of trust and
confidence?
LAW APPLICABLE:
ART. 282. Termination by employer. - An employer may terminate an employment for any of the
following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
XXX
CASE HISTORY:
LA – Dismissal was valid. However, LA ruled that dismissal was too harsh as a penalty.
NLRC – Affirmed
OPINION: I agree with the ruling of the Supreme Court. The law is clear in providing for the valid grounds
of termination of employment of the employer. Article 282 of the Labor Code provides that an employer
may terminate an employment if there is a serious misconduct or wilful disobedience by the employee
of the lawful orders of his employer or representative in connection with his work. Moya, was holding a
supervisory rank being an OIC of the Tire Curing Department. When he made the false report regarding
the incident, it was indeed a loss of trust and confidence of the employer. As to the award of the
separation pay of Moya, I agree with the Supreme Court in holding that he is not entitled for such
separation pay. Although the State upholds the principle of social justice, it cannot be used as a defense
by the party at fault which is Moya as the principle is not intended to condone the wrongdoing of the
employee.