Facts:
Minex employed petitioner as supervisor to a kiosk in Harrison plaza. On November 9, 1997, a Sunday,the petitioner wrapped the amount in a plastic bag and deposited it in the drawer of the locked wooden cabinet of the kiosk. The following day, she reported that the money was missing.
Her sales lady testified that petitioner who closed the store and Her manager stated that she failed to report the amount, which is breach of duty. There after, she was terminated and the respondents filed a complaint for
qualified theft.The Labor arbiter declared the dismissal illegal.On appeal the NLRC reversed the decision. CA sustained NLRC’s decision.
Issues:
w/n there was a valid cause for dismissal. Yes/due to lack of confidence and trust
whether or not they complied with the requirements of due process prior to the termination according to art 282 of Labor code
Held:
No. Minex failed to give her (1) a reasonable opportunity within which to explain (her) side (2) to set a “hearing or conference during which the employee concerned, with the assistance of counsel if (she) so desires is given opportunity to respond to the charge, present (her) evidence, or rebut the evidence presented against (her);” and (3), to serve her a “written notice of termination indicating that upon due consideration of all the circumstances, grounds have been established to justify (her) termination.” Before she the police detained her, the company already decided to terminate her.
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