SC upholds dismissal of clothing firm manager

The Supreme Court has affirmed the dismissal of a former boutique manager for misappropriating the company’s sales, but also ordered Aldeguer & Co., Inc./Loalde Boutique to pay her P30,000 in damages for not complying with proper procedure when they fired her.

The High Court’s second division ruled that the findings of the National Labor Relations Commission affirming the order of the labor arbiter that dismissed the complaint of Honeyline Tomboc for illegal dismissal has no basis to be disturbed.

The records showed that Aldeguer & Co., a company engaged in retail and wholesale of Loalde products, hired Tomboc in 1993 and appointed her as the officer-in-charge of its branch in Ayala Center-Cebu until the company discovered some illegal activities that she allegedly committed.

In many occasions in 1997, Tomboc allegedly intentionally delayed the deposits to the bank of the company’s sales in violation of their policy.

The company believes Tomboc used the company’s sales for her personal interest.

Investigation showed that the deposits on May 13, 1997 comprising the proceeds of the preceding days, were all check deposits and that there were no cash deposits even if there were cash sales amounting to P28,137 covering the said period.

The management also claimed that Tomboc also incurred a cash shortage of P46,491 on February 24, 1997, when she was made to account for it she claimed that it was picked up by a representative of Solidbank-Mandaue, but the bank officials denied her claim.

The Supreme Court said the labor arbiter was correct in his findings that the company had the right to dismiss Tomboc from her job, but they erred by not giving Tomboc the chance to defend herself before she was dismissed.

Records showed that when Tomboc had returned to her work after she had gone on official leave, the management just gave her the notice of termination.

The Supreme Court ruled that the first notice must inform the concerned employee that an investigation will be conducted against her on the charges, which, if proven, will result to dismissal.

Since the employer failed to comply with the first notice requirement, Tomboc is entitled to indemnity in the form of nominal damages in the amount P30,000.  — Rene U. Borromeo/BRP