SC upholds sacking of erring med rep

01/04/2009

The Supreme Court (SC) has upheld the decision of a local pharmaceutical firm to fire one of its high-ranking sales officers after the latter was discovered to have distributed samples of the company’s goods as campaign giveaways of his politician-father.

In a 15-page decision, the SC’s Third Division said “a medical representative should distribute his employer’s products per company directions or risk termination” and that the “breach of the trust reposed on him by his employer is a cause for the termination of his employment.”

The case reached the high tribunal after the firm Bristol Myers Squibb Philippines Inc. lost its case before the Court of Appeals (CA) after the tribunal ruled that the employee Richard Nixon Baban’s acts were not serious and should have merited a mere suspension from his job.

As district manager of the company, Baban was assigned to handle the company’s clients in Cagayan de Oro-Northern Mindanao area. His duties included the promotion of nutritional products of petitioner to medical practitioners, sale to drug outlets and the supervision of territory managers.

On June 22, 1998, during a field audit in Mindanao, the company’s auditor found 20 packs of “Mamacare” samples in the baggage compartment of a company car with a accompanying “thank you” notes.

The mass-produced notes attached to the sample was apparently signed by Baban’s father, lawyer Ricardo Baban Jr. who had served as councilor in Zamboanga City for 36 years but lost in his bid for the vice mayoralty post in the May 11, 1998 elections.

The “Mamacare” samples were apparently being distributed by the medical representative as a token of thanks to his supporters.

When confronted, Baban admitted he had caused the attachment of the notes to the product samples. He argued there was no unauthorized distribution of the samples since he intended to give them only to doctors who requested them.

On Aug. 25, 1998, he received under protest the company’s memorandum dismissing him from employment. Questioning the validity of his dismissal, Baban filed a complaint for illegal dismissal.

Ruling against him, the SC said the act of stapling a thank you note from his father “warrants the loss of petitioner’s trust and confidence.” Benjamin B. Pulta

Back to top

For comments about this website:Webmaster@tribune.net.ph
The Daily Tribune © 2006