What will be your action for breach of trust for senior management persons?

Process — Trust is a learned skill. It involves an ongoing process of relationship building, communication, and action. For example, doing what you say you will do builds trust. Building trust is a process that layers on level after level of deeper trust. When actions do not match words and trust is breached, this is also a process that works in the reverse.

 People decide whether or not to extend trust. Trust evolves incrementally over time, is based on sound judgment, and is not without limits and conditions. Those who choose to trust understandthat there is the possibility of a breach of trust, and weigh risks and benefits before proceeding.

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To whom much trust and confidence are given, much are expected. The relationship between employer and employee is one that is characterized with utmost confidence. The employer is not expected by law, much less compelled by jurisprudence, to retain those who are proven to be unworthy of the trust reposed on them. Under Article of the Labor Code, it is just and legal to terminate an employment based on Serious Misconduct, Insubordination, Fraud, Willful Breach Of Trust, Gross and Habitual Negligence, Crimes and analogous acts and omissions. The law is even stricter when it comes to managers and confidential personnel.

 It is indeed disheartening to note that the latest decisions by the Supreme Court have shown an alarming pattern of personnel behavior that leaves much to be desired among company employees, even among those who occupy corporate and managerial positions, and those who are entrusted with highly responsible and  confidential jobs, like bank managers and those assigned to posts in sales, finance, and the handling of cash, financial documents and property management. Bank personnel are expected to show a pattern of behavior that is not only deserving of trust, but must be, like the proverbial Caesar’s wife, beyond reproach.

 We have reviewed and analyzed some cases involving three big banks, and other big firms and the High Court all approved the management decisions to dismiss bank officers and managers and company personnel who, by their acts and omissions, and after due process, were found to have been involved in conflicts of interests, fraud, loss of confidence and other violations of trust. We shall endeavor to protect the reputation of the parties involved but we are allowed to state the citations since these are official judicial records that have been published by the Supreme Court. The only sound purpose for these discussions is for the readers to learn vital lessons in human resources and labor jurisprudence. 

 In the case of BPI vs. PRSC Jr. (GR), decided by the Highest Court on March, it was declared that the bank acted correctly in terminating the employment of a senior manager for multiple reasons like, among others, alleged conflict interest, having been supposedly involved in lending activities himself, competing with the bank; for having allegedly incurred unjustified expenses, for supposed irregular encashments of checks, and for “daylight borrowings’’ from the bank’s tellers. Initially, the Arbiter decided in favor of the manager and ordered payment of a total award of more than P2 million in backwages and damages. But that was reversed by the higher court and reduced to a separation pay of only of P1.5 M, owing to his long service from to.Close ad X

In Equitable PCI Bank vs. CAD (GR Nos./), decided by the High Court on December, a branch manager was dismissed for alleged serious policy violations, willful breach of trust and loss of confidence. The Arbiter found that the management decision to dismiss him was perfectly legal but awarded almost half a million pesos as separation pay, by way of equity. But the Supreme Court deleted the award of separation pay because an employee who violates the trust of management does not deserve any form of equity and compassion.

In AAA vs. MBTC (GR Nos/), the High Court affirmed the validity of the dismissal of a bank personnel who had a-year unblemished record, until he was charged of having been allegedly involved with the activities of his branch manager who, together with other branch officers, organized two credit unions which engaged in lending business that supposedly competed with the bank’s operations. The Arbiter decided in favor of the complainant, but this was reversed by the NLRC, the Court of Appeals and the Supreme Court. 

There are many other cases that involve non-bank firms but likewise deal with dismissals due many acts of dishonesty and conflict of interests. We are not condemning the bank personnel concerned in these cases. We are merely reporting facts as decided by the highest court of the land. We are saddened to say that, whilst these guys may declare their innocence, they have put themselves in situations that gave their employers ample causes to lose trust on them. It is a settled doctrine in our courts that an employer cannot be compelled by law to continue employing people upon whom they have lost their confidence. It is not enough that an employee is honest. His actuation should be beyond reproach. And the law may be harsh but it is the law.

Thanks for the invite ............................ agreed with the answers Mr. hisham abu dagga

Thanks

I fully agree with the answer given by colleague Hisham

Regards

Thanks for the invite, but I did not understand the meaning to ask exactly

Senior Management Person is expected to be trustworthy by all means.

He/she can't hold on to the senior management position for breaching TRUST. Good Bye is the action.

Breach of Trust is a very broad term. All such events which fall within the erring person's official line of duty must be clearly defined beforehand in the company's Code of Conduct / Ethics Policy which detail various level of offences and their possible penalties/ actions. This must also be linked to the applicable laws of the land.

i'm full agree with mr. hisham abu dagga  on his answer

Thanks for invitation,

I do support colleagues answers especially Mr. Hisham and Dr. Anwar.

Agree on experts answers. Thanks for your invitation.

I'm trying to renew the relationship and rectify the wrong and I apologize