Just Causes for Dismissal: Manager’s Physical Assault and CCTV Evidence (Philippines)

Overview

In Philippine labor law, employers may terminate employment only for just causes under Article 297 (formerly 282) of the Labor Code, as amended. When a manager physically assaults a co-worker or subordinate, dismissal often rests on serious misconduct, willful breach of trust, or an analogous cause. Where the incident is captured on CCTV, the video can be decisive if properly authenticated and the employee is afforded due process (the twin-notice and hearing requirements). This article distills doctrine, procedure, evidentiary rules, data-privacy touchpoints, and practical checklists for both employers and employees.

The Legal Bases

1) Serious Misconduct

Definition. A transgression of an established rule or standard of behavior, grave and aggravated, and related to the performance of duties showing unfitness to continue working.
Why assault qualifies. Workplace violence, especially by a managerial employee, is inherently grave; it threatens safety, order, and discipline and is antithetical to the employer’s legitimate interests—even if it occurs outside strict work tasks but within the work premises or in connection with work (e.g., during shift, meeting, or work event).

2) Willful Breach of Trust (Loss of Trust and Confidence)

Scope. Managers are fiduciaries who shape culture and enforce discipline. An assault evidences moral perversity and abuse of authority, undermining confidence in leadership.
Standard. Not proof beyond reasonable doubt; substantial evidence and a clearly founded basis suffice. For managerial employees, the employer has wider latitude because trust is central to the role.

3) Commission of a Crime or Analogous Causes

Criminal overlay. Physical assault may constitute physical injuries or related offenses under the Revised Penal Code. A criminal conviction is not a prerequisite to dismissal; the labor case turns on substantial evidence, not criminal standards.
Against whom. The Labor Code text singles out offenses against the employer, family, or representatives, but an assault against a co-worker or subordinate still squarely fits serious misconduct (and often breach of trust).

Due Process: The Twin-Notice Rule and Hearing

First Notice (Notice to Explain).
- State specific acts, date/time/place, and the rules/policies violated.
- Attach or make available CCTV clips, incident reports, and affidavits to give a meaningful opportunity to respond (typically at least 5 calendar days).
Opportunity to be Heard.
- May be a conference or written explanation; a full-blown trial-type hearing is not required.
- Allow the employee to review the CCTV and other evidence, submit counter-evidence (e.g., self-defense, provocation), and bring a representative if policy allows.
Second Notice (Decision).
- Issued after evaluation of submissions and hearing.
- Must discuss facts, findings, the just cause, and the effective date of dismissal.

Procedural lapses (e.g., incomplete notices) do not automatically nullify a dismissal supported by just cause; the dismissal may be upheld but the employer can be liable for nominal damages for violating statutory due process.

Preventive Suspension

Permissible pending investigation when the employee’s continued presence poses a serious and imminent threat to life/property or to the integrity of the investigation.
Maximum 30 days without pay; beyond that, extend with pay if needed, and expedite the investigation.

CCTV as Evidence

Admissibility & Weight

Electronic document/evidence. CCTV video files are electronic records. They’re admissible if relevant and authenticated.
Authentication options (any OF the following typically suffices):
- Testimony of the custodian/IT officer/security head on installation, continuous operation, and retrieval process.
- System integrity: make, model, settings; auto-timestamp; storage medium; access controls; logs.
- Chain of custody: who exported the file, when, in what format; hash values (if available) or audit logs; where/how it was stored.

Practical Steps to Authenticate

Present:
- Affidavit of the CCTV custodian detailing location of cameras, angles, retention settings, and that the camera was working at the time.
- Retrieval memo specifying exact timestamps and how the clip was exported (e.g., MP4 from NVR via secure workstation).
- Hash or checksum (optional but persuasive) and media certificate indicating no edits.
- Still frames with timestamps that match the clip.
- Access log showing limited handling (to rebut tampering claims).

Confronting the Employee with the Video

Allow the employee to view the relevant portions (respecting privacy of third parties).
If redactions are needed (e.g., unrelated individuals), provide screened/blurred versions while preserving an unredacted copy under seal for adjudicators.

Corroboration

Pair CCTV with:
- Incident/medical reports of the victim,
- Witness affidavits,
- Company policies (code of conduct, anti-violence),
- Emails/chats around the incident (authenticated screenshots/exports).

Data Privacy Touchpoints (Workplace CCTV)

Legitimate purpose & proportionality. Surveillance must be for security/discipline and no more intrusive than necessary.
Transparency. Post CCTV notices at entry points; disclose coverage, retention, and purpose in policies/handbooks.
Retention & disposal. Keep raw footage per policy (e.g., 30–60 days) unless placed under legal hold for an investigation. Secure deletion thereafter.
Access control. Limit viewing/export to authorized personnel; keep access logs.
Sharing. Provide copies to the employee, NLRC/DOLE, or courts upon request/order; document transfers.

Note: Even if there are privacy compliance gaps, labor tribunals typically focus on relevance, authenticity, and fairness. However, separate DPA liabilities are possible for mishandling footage—so compliance is still essential.

Special Issues When the Perpetrator Is a Manager

Higher standard of conduct. Managers embody company policy; an assault is a gross abuse of authority and strongly supports serious misconduct and loss of trust.
Single act may suffice. A single, grave incident of violence can justify dismissal even without prior infractions.
No “heat of the moment” excuse. Anger, provocation, or stressful KPIs rarely excuse use of force; at most they may mitigate penalty if the act is minor—assaults seldom are.

Penalties, Final Pay, and Remedies

Separation pay. Generally not awarded for dismissals grounded on serious misconduct or offenses reflecting moral depravity or abuse of trust.
Final pay/clearance. Release statutory 13th-month differential, unused leave if convertible by policy or CBA, and other sums not forfeited by law/policy.
If dismissal is procedurally defective but substantively valid: Dismissal stands; employer may owe nominal damages.
If illegal dismissal: Reinstatement (or separation pay in lieu) plus backwages from dismissal to finality of judgment; moral/exemplary damages and attorney’s fees may be awarded in egregious cases.

Defenses Typically Raised (and How They’re Assessed)

Self-defense/defense of stranger. Must be credible: unlawful aggression, reasonable necessity of means, lack of sufficient provocation. CCTV often clarifies these elements.
Provocation. Verbal provocation rarely justifies physical assault, especially by a manager.
Off-duty incident. If the fight relates to work (e.g., at a company event, on call, or about work orders) or occurs on premises, nexus to employment usually exists.
Inadmissible CCTV. Claims of tampering must be specific; employers should counter with integrity documentation and witness testimony.

Employer Playbook (Checklist)

Immediately after the incident

Secure the scene; medical aid if needed; incident report within 24 hours.
Preserve CCTV: place a litigation hold; export original clip and a working copy; compute hash if feasible.

Investigation

Gather affidavits (victim/witnesses), collect policy documents, and any prior infractions.
Issue Notice to Explain with attachments or access to evidence; consider preventive suspension (max 30 days).

Hearing & Decision

Conduct conference; document questions and answers; allow submissions.
Evaluate under substantial evidence; apply proportionality but recognize gravity of manager’s assault.
Issue Decision Notice detailing facts, rules violated, and legal basis (e.g., serious misconduct and loss of trust).
Prepare turnover: final pay accounting (statutory items only), clearance, COE.

Litigation Preparedness

Organize an evidence file: CCTV integrity documents, chain of custody, policies, notices, minutes, and delivery receipts.
Identify witnesses: victim, security/custodian, investigator/HRBP.

Employee Playbook (Checklist)

Ask to view the CCTV and request a copy or viewing schedule; note timestamps.
Submit a detailed written explanation addressing each allegation; raise self-defense or provocation with specifics.
Point out procedural defects (e.g., vague notice, no access to evidence, premature decision, suspension beyond 30 days without pay).
Keep medical certificates, photos of injuries, and witness statements.
Consider NLRC complaint for illegal dismissal or grievance/arbitration if covered by a CBA.

Frequently Asked Questions

Q1: Is a criminal case required before dismissal? No. Dismissal proceedings are administrative; the standard is substantial evidence. A criminal case may proceed in parallel.

Q2: Can one punch justify dismissal? Yes, if circumstances show grave misconduct (e.g., unprovoked attack by a manager on duty, causing injury, or disrupting operations).

Q3: What if CCTV has no audio? Video alone can be enough. Lack of audio affects context, but corroborating affidavits and circumstantial evidence can supply intent and sequence.

Q4: Must the employer give me the raw file? The employer should provide access sufficient to enable a meaningful response (e.g., viewing or a copy), subject to privacy safeguards and policy.

Q5: If due process was flawed but assault is proven, what happens? Dismissal may be upheld (valid cause), but the employer can be ordered to pay nominal damages for the procedural lapse.

Templates (Adapt and Customize)

A. Notice to Explain (excerpt)

Subject: Notice to Explain – Alleged Physical Assault on [Name], [Date/Time]
Facts Alleged:
- On [Date] at [Time], at [Location], you were seen on CCTV camera [ID] striking [Name].
- Attached/available: CCTV clip (timestamp [hh:mm:ss–hh:mm:ss]), Incident Report, Medical Report.
Policies Violated: Code of Conduct §§ [ ], Anti-Violence Policy § [ ].
Directive: Submit a written explanation within 5 calendar days; you may be assisted by a representative. Conference on [Date/Time].

B. Decision Notice (excerpt)

Findings: Based on CCTV, witness affidavits, and your written explanation, we find that on [Date] you physically assaulted [Name].
Legal Basis: Serious Misconduct and Loss of Trust and Confidence (Art. 297).
Penalty: Dismissal, effective [Date]. Clearance and final pay (statutory items) to follow.

Key Takeaways

A manager’s physical assault is a textbook ground for just cause dismissal under serious misconduct and loss of trust and confidence.
CCTV is powerful evidence if properly preserved, authenticated, and shared for a fair chance to rebut.
Twin-notice + hearing are indispensable; errors here risk nominal damages even if cause is valid.
Preventive suspension is tightly regulated (30 days max without pay).
Separation pay is generally barred for serious misconduct.
Privacy compliance strengthens the employer’s position and avoids collateral risk.

Handled correctly, these principles protect both workplace safety and due process—and provide clear guidance when a leader crosses the line into violence.