Dear Atty. Angela,

I am an officer in a company where a certain employee has been very inefficient and toxic. She has been lazy with work despite several repeated reminders, backstabbing workmates and arguing when she doesn't agree with them. This has created an unacceptable stress and tension in the workplace where morale has gone down thereby affecting adversely productivity. Despite memos issued to her, she acted adamant and strongly impressed on us that she will file a case in the event that she's dismissed. Could behavior and attitude problem be the basis for dismissal?

Cynthia

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Dear Cynthia,

Yes, there had been case law decisions which support a valid termination of service due to unreasonable and toxic behavior at work.

In the case of Citibank v. NLRC, G.R. 159302 (6 February 2008), the Supreme Court cited the case of Cathedral School of Technology v. NLRC, wherein it specifically expressed that records support a finding of a just cause for termination. The reason for the employee's dismissal which was her unreasonable behavior and unpleasant deportment in dealing with the people she closely works with in the course of her employment, is analogous to the other "just causes" enumerated under the Labor Code.

When an employee, despite repeated warnings from the employer, obstinately refuses to curtail a bellicose inclination such that it erodes the morale of co-employees, the same may be a ground for dismissal for serious misconduct.

As the Court held in National Service Corp. v. Leogardo, Jr., "a series of irregularities when put together may constitute serious misconduct, which under Article 283 of the Labor Code, is a just cause for termination." And as it held in Asian Design and Manufacturing Corporation v. Deputy Minister of Labor, acts destructive of the morale of one's co-employees may be considered serious misconduct."

It was the refusal to reform which justified the Court's decision to dismiss on the ground of serious misconduct. Clearly, your officemate's inefficiency, together with her difficult behavior are strong basis for serious misconduct that could lead to a valid termination of service.