6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly approved one week before the end of our 1st month stay in Japan. There was no formal arrangement done and it was not clear to me that I have to spent (sic) all this amount for the group. I agreed that it is my responsibility in Japan to take out and treat or represent my 4 members to relieve them from boredom and homesickness for the duration of our stay in Japan by the use of this given amount. I made everything for them and made them all happy. We shared each other and I even work more than my inspectors and at the same time supervising them in all the best I can to show them that we're helping each other. I admit that I saved the rest of the amount not consumed for the group because I thought that it was a bonus and additional benefit for me given by the company as per my request of being a leader of the group. I worked and strive hard for the company and we're making a very good performance on TAB inspection. We even requested to extend with my other members and the truth we're all excited and happy for that extension. Aside from this additional welfare allowance, we're also given individual bonuses everytime we are to render overtime. In fairness to everybody, although I can't accept the fact that it was a violation to the company, I am willing to pay and return the money (unconsumed) to the company. I'm sorry if I made a wrong assumption. Respectfully yours, (Sgd.) E. Gonzales[5] There was no clear-cut instruction that the $300 monthly allowance was for the whole group. The contract did not contain any provision to that effect. Neither was there a showing of a company policy or practice giving extra money to the head of the team for the benefit of the entire group. The grant of monthly allowance came about only after petitioner realized such need during her second trip to Japan. The idea that the grant of the monthly allowance was for the group was brought to the attention of petitioner for the first time only after her stint in Japan. Elizabeth Catindig who was petitioner's successor stated that before they left for Japan, Mr. Orleans informed them about the monthly allowance supposedly enjoyed by and intended for the whole group. So when she took over leadership of the group after petitioner had left, they received the allowance and spent it for the whole group.[6] We agree with the Labor Arbiter that the penalty of dismissal is very harsh under the circumstances and not commensurate to the alleged wrong doing, especially considering that it was not clearly shown that petitioner had acted in bad faith and with malice. If at all that petitioner offered to return the money, this could not, contrary to public respondent's contention, mean an admission of guilt. This could emphasize and buttress her protestation of her good faith in believing that the money was intended for herself alone and if she only knew from the beginning that the allowance was not for elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34867 4/5