Dismissal of an Employee Due to Drug Abuse Inside the Workplace

The charge of drug abuse inside the company’s premises and during working hours against constitutes serious misconduct, which is one of the just causes for termination.

The Supreme Court took judicial notice of scientific findings that drug abuse can damage the mental faculties of the user. It is beyond question therefore that any employee under the influence of drugs cannot possibly continue doing his duties without posing a serious threat to the lives and property of his co-workers and even his employer.

(Eduardo Bughaw, Jr. vs. Treasure Island Industrial Corporation, G.R. No. 173151, March 28, 2008)

THE SUPREME COURT DECIDES: The Supreme Court denied Home Cable’s petition, affirming that the infringement was correctly identified and that Filscap’s role and claims were valid.

The court clarified that copyright infringement occurs when an unauthorized party exercises economic rights, including communication to the public, without consent. Filscap, accredited to enforce copyright, had valid standing to sue. The court noted that Home Cable’s broadcast of music through cable TV constituted a public communication of copyrighted works.

Home Cable’s defense, citing a previous case involving cable retransmission, was rejected because it did not align with the nature of the agreements in this case. The court emphasized that copyright infringement for communicating works to the public is distinct from other forms of retransmission and reiterated that the copyright holder’s rights remain intact even if works are used in derivative formats.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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