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will the Cook be successfu on his counterclaim?
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TOPIC: will the Cook be successfu on his counterclaim?

will the Cook be successfu on his counterclaim? 9 months, 2 weeks ago #538

  • amistad
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John is a Cook in the REStAurant of Mr.Mark .
Mr.Mark is an employee of the Governnment . JHon poured Urine on the soap that is used , which Mr. Mark notice that the soap has a Urine , so Mr. Mark dismissed Jhon , but Jhon ask a counterclaim to Mr. Jhon for dismissing on a Job . Will the cook will be successful on his counteclaim?
Last Edit: 9 months, 2 weeks ago by amistad.

Re:will the Cook be successfu on his counterclaim? 9 months, 2 weeks ago #590

  • foobarph
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No. What John did was a prejudice of Mr. Mark's customer's health by pouring urine on the soap that is used in the restaurant.

An equality of rights exists between employer and employee. While the employer cannot force the employee to work against his or her will, neither can the employee compel the employer to continue giving him or her work if there is a lawful reason not to do so. Thus, the employer may terminate the services of an employee for just or authorized causes after following the procedure laid down by law, but the employer has the burden of proving the lawfulness of the employee’s dismissal in the proper forum.

Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime and other analogous causes (art. 282, Labor Code).

What John did is analogous to serious misconduct and gross and habitual neglect of duties, thus, Mr Mark is allowed by law to terminate his employment with him.
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