July 12, 2024
Mr. JONDIE C. BUDLONG
Gen. Ricarte St. San Andres
Cainta, Rizal
Subject: Termination of Employment
Dear Mr. Budlong,
We regret to inform you that your employment with Bicol Isarog Transport Inc., as a
CARGO CLERK will be terminated effective immediately.
This difficult decision results from incident and multiple grave offenses that you have
committed, which are in direct violation of our company's rules and regulations. These
offenses are outlined below:
Bicol Isarog Transport System Inc. RULES AND REGULATIONS for “Grave Offense”
OFFENSES COMMITTED BY SHIPPING CLERKS
- Unremitted sales / Rolling Sales amounting to Php. 40,000.00 (Binondo
Sales) Incident date June 9, 2024
- Unremitted sales and late Remittance amounting Php. 12,472.70
(Binondo) Incident date July 5 & 6
- Late remittance amounting Php. 76,093.08 (Incident date June
18,22,24 & 29, 2024)
- Unremitted Sales amounting to Php 20,000.00 dated July 1 -3, 2024
- Copy of order of Suspension re: Using Personal Gcash dated June 3, 2024
(amount involved Php 26,760.58)
- Apprehension report from inspector dated May 5, 2024 for incomplete
details of tickets amounting Php. 600.00
- Copy of Incident report dated March 9, 2024 re: Short charge of
rebooking fee amounting Php. 500.00
- Copy of incident report re: Incomplete details / no remarks of
discounted passenger resulting to less fare amounting Php. 270.00
- Copy of IR re: incomplete charge of rebooking fee amounting Php.
200.00
Despite previous warnings the opportunity to correct your behaviour, these repeated
violations have demonstrated a pattern of serious misconduct. Misconduct of this nature is
unacceptable and undermines the trust and safety that are essential to our operations.
The decision to terminate your employment is based on a thorough review of the incidents,
including any statements or evidence presented by you during the disciplinary process.
Please be reminded that serious misconduct is one of the just causes for termination of
employment as per Article 282 (now Article 296) of the Labor Code, and it is on these
grounds that we are compelled to proceed with this action.
The just causes for dismissing an employee are provided under Article 282 (now Article
296) of the Labor Code. Under Article 282(a), serious misconduct by the employee justifies
the employer in terminating his or her employment.
Misconduct is defined as an improper or wrong conduct. It is a transgression of some
established and definite rule of action, a forbidden act, a dereliction of duty, willful in
character, and implies wrongful intent and not mere error in judgment. To constitute a
valid cause for the dismissal within the text and meaning of Article 282 of the Labor Code,
the employee’s misconduct must be serious, i.e., of such grave and aggravated character
and not merely trivial or unimportant.
Additionally, the misconduct must be related to the performance of the employee’s duties
showing him to be unfit to continue working for the employer. Further, and equally
important and required, the act or conduct must have been performed with wrongful
intent.
To summarize, for misconduct or improper behavior to be a just cause for dismissal, the
following elements must concur: (a) the misconduct must be serious; (b) it must relate to
the performance of the employee’s duties showing that the employee has become unfit to
continue working for the employer; and (c) it must have been performed with wrongful
intent.
The [employees’] infraction amounts to serious misconduct within the terms of Article 282
(now Article296) of the Labor Code justifying their dismissal.
Please arrange to return all company property, including but not limited to vehicles, keys,
uniforms, identification badges, and any other equipment or documents, no later than
[date]. Failure to return company property may result in further action.
You are also required to keep confidential any proprietary or confidential information
related to your employment and the company's operations, both during and after your
employment.
Should you have any questions regarding this letter or the termination process, please ask
to our Human Resources department.
We wish you the best in your future endeavours.
Sincerely, Received by:
JOSE H. AFALLA JONDIE BUDLONG
Legal Department
Bicol Isarog Transport System Inc.
cc: HR Department
Personnel File
