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    Bluer Than Blue Joint Ventures Company

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    Chezca Margret
    Esteban was employed as a Sales Clerk by Bluer Than Blue Joint Ventures Company and was responsible for attending to customers, inventory management, and cashiering. In November 2006, the company discovered that Esteban had provided an unauthorized universal password to access the point-of-sale system to another employee. Esteban was suspended for 10 days pending an investigation. After her explanation was deemed unsatisfactory, her employment was terminated immediately due to loss of trust and confidence. Esteban filed a complaint claiming illegal dismissal but the court ruled that as a cashier with inventory responsibilities, her position was one that required trust and confidence, allowing her dismissal.

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    Bluer Than Blue Joint Ventures Company

    Uploaded by

    Chezca Margret
    74 views2 pages
    Esteban was employed as a Sales Clerk by Bluer Than Blue Joint Ventures Company and was responsible for attending to customers, inventory management, and cashiering. In November 2006, the company discovered that Esteban had provided an unauthorized universal password to access the point-of-sale system to another employee. Esteban was suspended for 10 days pending an investigation. After her explanation was deemed unsatisfactory, her employment was terminated immediately due to loss of trust and confidence. Esteban filed a complaint claiming illegal dismissal but the court ruled that as a cashier with inventory responsibilities, her position was one that required trust and confidence, allowing her dismissal.

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    Esteban was employed as a Sales Clerk by Bluer Than Blue Joint Ventures Company and was responsible for attending to customers, inventory management, and cashiering. In November 2006, the company discovered that Esteban had provided an unauthorized universal password to access the point-of-sale system to another employee. Esteban was suspended for 10 days pending an investigation. After her explanation was deemed unsatisfactory, her employment was terminated immediately due to loss of trust and confidence. Esteban filed a complaint claiming illegal dismissal but the court ruled that as a cashier with inventory responsibilities, her position was one that required trust and confidence, allowing her dismissal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views2 pages

    Bluer Than Blue Joint Ventures Company

    Uploaded by

    Chezca Margret
    Esteban was employed as a Sales Clerk by Bluer Than Blue Joint Ventures Company and was responsible for attending to customers, inventory management, and cashiering. In November 2006, the company discovered that Esteban had provided an unauthorized universal password to access the point-of-sale system to another employee. Esteban was suspended for 10 days pending an investigation. After her explanation was deemed unsatisfactory, her employment was terminated immediately due to loss of trust and confidence. Esteban filed a complaint claiming illegal dismissal but the court ruled that as a cashier with inventory responsibilities, her position was one that required trust and confidence, allowing her dismissal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    BLUER THAN BLUE JOINT VENTURES COMPANY/MARY ANN

    DELA VEGA, Petitioners, vs. GLYZA ESTEBAN, Respondent.


    G.R. No. 192582
    April 7, 2014
    FACTS:
    Respondent Glyza Esteban (Esteban) was employed in January 2004
    as Sales Clerk, and assigned at Bluer Than Blue Joint Ventures
    Company's (petitioner) EGG boutique in SM City Marilao, Bulacan,
    beginning the year 2006. Part of her primary tasks were attending to
    all customer needs, ensuring efficient inventory, coordinating orders
    from clients, cashiering and reporting to the accounting department.
    In November 2006, the petitioner received a report that several
    employees have access to its point-of-sale (POS) system through a
    universal password given by Elmer Flores (Flores). Upon
    investigation, it was discovered that it was Esteban who gave Flores
    the password. The petitioner sent a letter memorandum to Esteban
    on November 8, 2006, asking her to explain in writing why she should
    not be disciplinary dealt with for tampering with the companys POS
    system through the use of an unauthorized password. Esteban was
    also placed under preventive suspension for ten days. In her
    explanation, Esteban admitted that she used the universal password
    three times on the same day in December 2005, after she learned of
    it from two other employees who she saw browsing through the
    petitioners sales inquiry. She inquired how the employees were able
    to open the system and she was told that they used the "123456"
    password.
    On November 13, 2006, Estebans preventive suspension was lifted,
    but at the same time, a notice of termination was sent to her, finding
    her explanation unsatisfactory and terminating her employment
    immediately on the ground of loss of trust and confidence. Esteban
    was given her final pay, including benefits and bonuses, less
    inventory variances incurred by the store amounting to P8,304.93.
    Esteban signed a quitclaim and release in favor of the petitioner.
    On December 6, 2006, Esteban filed a complaint for illegal dismissal,
    illegal suspension, holiday pay, rest day and separation pay.
    ISSUE:
    WON There was a valid illegal dismissal?

    HELD:
    NO!
    "It is not the job title but the actual work that the employee performs
    that determines whether he or she occupies a position of trust and
    confidence." In this case, while respondent's position was
    denominated as Sales Clerk, the nature of her work included
    inventory and cashiering, a function that clearly falls within the sphere
    of rank-and-file positions imbued with trust and confidence.
    1

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