Professional Documents
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Definition of immorality
In other words, it is the totality of the circumstances surrounding the conduct per
se as viewed in relation with the conduct generally accepted by society as
respectable or moral, which determines whether the conduct is disgraceful or
immoral.4 The determination of whether a particular conduct is immoral involves:
3 Leus v. St. Scholastica's College, G.R. supra note 27, as cited in Zaida R. Inocente vs. St. Vincent Foundation for
Children and Aging, Inc., G.R. No. 202621, June 22, 2016
4 Zaida R. Inocente vs. St. Vincent Foundation for Children and Aging, Inc., G.R. No. 202621, June 22, 2016 as cited in,
Elvin B. Villanueva, Immorality as Basis of Employee Dismissal, 2017 (last accessed April 5, 2019)
5 In Imasen Philippine Manufacturing Corporation vs. Alcon and Papa, G.R. No. 194884, October 22, 2014
In the case at bar, Trixie and her boyfriend who were engaged in sexual
intercourse outside company premises and off-duty, are not punishable
misconduct nor was it immoral; it is merely a private matter. What would be
considered immoral, is performing the act during office hours and within the
company premises that could possibly tarnish the company’s reputation.
Considering the leakage of the said sex video, it is beyond Trixie’s capacity to
prevent such incident, she is merely a victim. Also, the incident is not related
nor significant to her work performance, duties and responsibilities as an
employee.
IV. On Secular and not religious standards as basis for dismissal due to
immorality
7 Zaida R. Inocente vs. St. Vincent Foundation for Children and Aging, Inc., G.R. No. 202621, June 22, 2016 as cited in,
Elvin B. Villanueva, Immorality as Basis of Employee Dismissal, 2017 (last accessed April 5, 2019)
Mere private sexual relations between two unmarried and consenting adults does
not warrant disciplinary action mere private sexual relations between two
unmarried and consenting adults, even if the relations result in pregnancy or
miscarriage out of wedlock and without more, are not enough to warrant liability
for illicit behavior. The voluntary intimacy between two unmarried adults, where
both are not under any impediment to marry, where no deceit exists, and which
was done in complete privacy, is neither criminal nor so unprincipled as to
warrant disciplinary action.8
2.Procedural requirements
Of these two requisites for a valid dismissal, the presence or absence of just or
authorized cause is the more crucial.
Absence of just or authorized automatically renders dismissal illegal
In order to solve the moral dilemma in this case, is to apprehend the person
liable for the leakage of the sex video, not only will it bring justice to Trixie’s feat,
but will also clear the company’s name.
The just causes for dismissing an employee are provided under Article 282 (now
Article 296) of the Labor Code. Under Article 282(a), serious misconduct by the
employee justifies the employer in terminating his or her employment.
Misconduct is defined as an improper or wrong conduct. It is a 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.To
constitute a valid cause for the dismissal within the text and meaning of Article
282 of the Labor Code, the employee's misconduct must be serious, i.e., of
such grave and aggravated character and not merely trivial or unimportant.
To determine whether there is any action that you can take regarding an
employee's lawful off-duty conduct, ask yourself the following questions:
Is there a relationship between the off-duty conduct of the employee and
the performance of the employee's job?
Does the employee's off-duty conduct put your business in an unfavorable
light with the public?
Does the employee's conduct have a potential for harming the business?
When faced with off-duty conduct situations, it's important to make the distinction
between lawful and unlawful off-duty conduct. If the conduct in question is lawful,
you may not be able to do anything about it, and some laws expressly prohibit
employers from discriminating against employees for engaging in lawful off-duty
conduct. Examples of such conduct would be smoking and participating in
demonstrations.
However, if you can show that the employee's off-duty conduct hurts the way the
employee does the job or reflects negatively on the business, you may be able to
address it.
In handling off-duty misconduct, you need to examine the relationship between
the person's job and the misconduct — is it something that is likely to affect
business?
To find out how much of a connection there is between the misconduct and the
business, consider the following:
the employee's specific job duties and responsibilities
the employee's history with the company
the nature of your business
the effect on the customers, the coworkers, and the business's reputation
and sales
the seriousness and notoriety of the allegations
If there is a sufficient connection between the job and the allegations, taking
some sort of action may be justified.