Practice question
A cashier routinely handles substantial company funds. An audit, corroborated records and the cashier’s admissions establish intentional diversion of receipts. After proper process, management invokes a genuine loss of trust based on that conduct. Which is the strongest legal analysis?
- A cashier can never occupy a position of trust
- Loss of confidence may be based solely on an employer’s unexplained feeling
- The proved work-related breach by an employee in a position of trust can support loss of confidence, provided the ground is genuine and not a pretext
- Any audit discrepancy automatically proves intentional dishonesty
- A cashier must first be promoted to manager before trust can be reposed
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, sections 4(b), 4(j)–(o) and 5.2: Article 297 just-cause elements.
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