I have just been terminated from work after a company-issued team laptop I used was found to have movies and adult videos after an audit from IT.
The offense happened 5 years ago and I haven't accessed the laptop since that time. The offense occurred outside of work hours in the privacy of my home.
The punishment for the offense in our company Code of Conduct is suspension to dismissal.
I have gone thru the due process - served with a notice; sent my explanation letter; had a hearing; and was served a notice for termination.
I have been with the company for 10 years with no other misconduct aside from this.
My question is: can this be considered a legal dismissal?
According to the Labor Code, an employee can only be terminated by Serious Misconduct if it is related to work performance.
"ART. 282. Termination by employer. - An employer may terminate an employment for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing."
Please enlighten me.
Thanks!
Last edited by castle_white on Wed Mar 21, 2018 7:08 pm; edited 1 time in total