Question:

Distinguish between dismissal of an employee for just cause and termination of employment for authorized cause. Enumerate examples of just cause and authorized cause.

(2000)

Suggested Answer:

The two may be distinguished as follows:

  1. The dismissal of employee based on just cause is a result of acts or ommission or fault or negligence which is directly attributable to dismissed employee; whereas, the termination of employment based on authorized causes is a result of the exercise of management prerogative as may be called for by the exigencies of the business.

  2. Employee dismissed based on just cause is not entitled to separation pay; whereas, separation pay is due to employee terminated for authorized causes.

Examples of just causes are: serious misconduct, willful disobedience, commission of crime, gross and habitual neglect, fraud and other causes analogous to the foregoing.

Examples of authorized causes are: redundancy, closure, retrenchment installation of labor saving device and authorized cause.

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