Philippine Bar review · Question

Practice question: Just Causes (DO 147, s. 2015)

Multiple Choice Hard Jurisprudence

Practice question

An employee makes a single harmless clerical error promptly corrected before any consequence. The stipulated facts exclude wrongful intent, serious negligence, habitual neglect and any other termination ground. Management labels the act serious misconduct because all errors violate its quality policy. Is that label sufficient?
  1. Yes, any policy breach conclusively establishes serious misconduct
  2. Yes, because managers need not distinguish mistakes from willful conduct
  3. No; the facts do not establish grave, willful, work-related misconduct showing unfitness, and a label cannot replace those elements
  4. No, because clerical employees are immune from discipline
  5. Yes, if management writes the label in capital letters

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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