This case has been cited 2 times or more.
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2005-02-28 |
PANGANIBAN, J. |
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| Under the San Miguel test, separation pay may be awarded, provided that the dismissal does not fall under either of two circumstances: (1) there was serious misconduct, or (2) the dismissal reflected on the employee's moral character. The dismissal in the present case was due to loss of trust and confidence, not serious misconduct. There had been jurisprudence granting separation pay for dismissals based on this ground.[24] Not falling under the first qualification, the query now shifts to whether it was reflective of the moral character of respondent. | |||||
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2000-01-27 |
MENDOZA, J. |
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| However, the petitioner must nevertheless be held to account for failure to extend to private respondent his right to an investigation before causing his dismissal. The rule is explicit as above discussed. The dismissal of an employee must be for just or authorized cause and after due process. Petitioner committed an infraction of the second requirement. Thus, it must be imposed a sanction for its failure to give a formal notice and conduct an investigation as required by law before dismissing petitioner from employment. Considering the circumstances of this case petitioner must indemnify the private respondent the amount of P1,000.00. The measure of this award depends on the facts of each case and the gravity of the omission committed by the employer. The fines imposed for violations of the notice requirement have varied from P1,000.00[22] to P2,000.00[23] to P5,000.00[24] to P10,000.00.[25] | |||||