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MANSION PRINTING CENTER v. DIOSDADO BITARA

This case has been cited 2 times or more.

2013-04-17
SERENO, C.J.
Further, in the case of termination by the employer, it is not enough that there exists a just cause therefor, as procedural due process dictates compliance with the two-notice rule in effecting a dismissal: (a) the employer must inform the employee of the specific acts or omissions for which the dismissal is sought, and (b) the employer must inform the employee of the decision to terminate employment after affording the latter the opportunity to be heard.[36]
2012-09-19
VELASCO JR., J.
It bears pointing out that in the dismissal of an employee, the law requires that due process be observed. Such due process requirement is two-fold, procedural and substantive, that is, "the termination of employment must be based on a just or authorized cause of dismissal and the dismissal must be effected after due notice and hearing."[26] In the instant case, petitioners were not afforded both procedural and substantive due process.