Practice question
What distinguishes serious misconduct as a dismissal ground from a mere error of judgment?
- Every error is automatically serious misconduct
- The misconduct must be grave and aggravated, related to duties, and show unfitness to continue employment
- The employer need only dislike the employee
- The employee must have worked fewer than six months
- A criminal conviction is always indispensable
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A sections 1 and 5.1–5.2, disciplinary causes and procedural requirements under current Article 297.
- https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, GR 158693, November 17, 2004, main decision; valid cause and separate liability for procedural noncompliance.
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