SC upholds dismissal of Maribago Resort cashier

CEBU, Philippines – The Supreme Court has reversed the Court of Appeals ruling that ordered Maribago Bluewater Beach Resort in Marigondon, Lapu-Lapu City to pay the back wages and other benefits of one of its cashiers who was dismissed for dishonesty in 2005.

Chief Justice Renato Corona, who presided over the high tribunal's first division, ruled that the appellate court erred in its decision that found the resort management guilty of illegally dismissing Nito Dual.

Dual was dismissed by the resort for allegedly pocketing some of the company's sales.

"Although as a rule the Supreme Court leans over backwards to help workers and employees continue with their employment or to mitigate the penalties imposed on them, acts of dishonesty in the handling of company's property, or income in this case, are a different matter," said Associate Justice Jose Perez.

The SC ruling further states that the law, in protecting the rights of the laborers, authorizes neither oppression nor self-destruction of the employer. While the Constitution is committed to the policy of social justice and the protection of the working class, it should not be supposed that every labor dispute will be automatically decided in favor of the worker, Perez added.

Dual used to be a waiter of the beach resort before he was promoted as cashier and was assigned to the pool bar/restaurant.

A group of Japanese guests dined at the Allegro restaurant after they ordered six sets of lambs and six sets of fish that cost P10,100, but Dual, in connivance of a waiter, manipulated the records to make it appear that some of the food that were ordered by the Japanese guests were cancelled.

Dual insisted it was not true that he received P10,100 payment for the food ordered by the Japanese guests in the evening of January 9, 2005.

He claimed to have received only P3,036 because some of the orders were cancelled.

According to Dual, the waiter gave him P3,100 for the payment of the food and returned P64 change to the waiter.

However, the Supreme Court observed that Dual's claim that he gave P64 change to the waiter who turned over the payment is highly questionable because the records of the cash register showed that the amount that he received was exactly P3,036 and that there was no change.

Perez said they found Dual guilty of dishonesty for stealing the money entrusted to him as cashier. Instead of reporting P10,100 as payment of the food taken by the Japanese guests, he only reported P3.036.

The receipt bearing Dual's name was printed at 10:40 p.m. or one hour and forty minutes after the guests had left the restaurant. It was found out that Dual manipulated the records in connivance with waiter Basilio Alcoseba who was also terminated. It was Alcoseba who altered the figures in the order slip that was submitted to the cook to make it appear that after the food were served, the guests cancelled some of their orders. (THE FREEMAN)