NLRC upholds GMA Network in illegal dismissal complaint | GMANetwork.com - Corporate - Articles

The NLRC ruled that GMA Network was able to show just and valid cause for dismissal and termination of services

NLRC upholds GMA Network in illegal dismissal complaint

March 23 2016

The Sixth Division of the National Labor Relations Commission (NLRC) reversed and set aside the decision of Labor Arbiter Eduardo DJ. Carpio in an illegal dismissal complaint filed against broadcast company GMA Network, Inc. (GMA).

In its decision promulgated on February 29, 2016 and penned by Commissioner Nieves E. Vivar-De Castro, the NLRC upheld the dismissal of Jesselyn Q. Ignacio, a former Workshop Assistant under the Network’s Talent Development and Management Department.

Ignacio was dismissed from employment for misappropriation of company funds, which is a violation of GMA’s Code of Conduct, as well as a breach of trust and confidence pursuant to Article 296 (formerly Article 282) of the Labor Code.

In its 14-page decision, the Commission ruled that the complainant used to hold a position of trust as she was tasked with the proper stewardship and accounting of company funds and thereby, afforded the trust and confidence of GMA.

Holding such a position, the Commission further declared that “such an employee bears a greater burden of trustworthiness than ordinary workers, and the betrayal of the trust reposed is the essence of the loss of trust and confidence which is a ground for the employee’s dismissal.”

The Commission added that the power to dismiss an employee is a “recognized prerogative” within the employer’s right to regulate and manage all aspects of his business.  If there is sufficient evidence to show that the employer has ample reason to distrust an employee, the labor tribunal cannot justly deny the employer the authority to dismiss the employee.

The NLRC, in reversing the decision of the Labor Arbiter to reinstate Ignacio, ruled that the Network was able to show just and valid cause for her dismissal and that the termination of her services for loss of trust and confidence is proper and within the boundaries of law.

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