By way of exception, legally dismissed employee may be awarded separation pay provided that the dismissal (1) was not for serious misconduct; and (2) did not reflect on the moral character of the employee.
G.R. No. 188747, 28 January 2014
Previously, complainant was hired as an Instrument Technician. Sometime afterwards, Defendant discovered that 24 meters were missing in its stockroom. “Upon initial investigation, it appeared that [complainant] and his co-employee, a certain Danilo Manguera, were involved in the pilferage and the sale of water meters to the company’s contractor. Consequently, Manila Water issued a Memorandum dated 23 June 2000, directing [complainant] to explain in writing within 72 hours why he should not be dealt with administratively for the loss of the said water meters. In his letter-explanation, [complainant] confessed his involvement in the act charged and pleaded for forgiveness, promising not to commit similar acts in the future.”