This case has been cited 1 times or more.
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2005-10-05 |
YNARES-SANTIAGO, J. |
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| However, petitioner should not be made to pay private respondent's backwages. In Agabon v. National Labor Relations Commission,[13] it was held that where the dismissal is for a just cause, as in the instant case, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee for violation of his statutory rights. Thus, applying Agabon, the Court, in Central Luzon Conference Corporation of Seventh Day Adventist Church, Inc. v. Court of Appeals,[14] modified the decision of the Court of Appeals by awarding P30,000.00 to an employee who was dismissed for just cause but was not afforded due process. As explained by the Court:The violation of the petitioners' right to statutory due process by the private respondent warrants the payment of indemnity in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the court, taking into account the relevant circumstances (Savellano v. Northwest Airlines, G.R. No. 151783, 8 July 2003, 405 SCRA 416). Considering the prevailing circumstances in the case at bar, we deem it proper to fix it at P30,000.00. We believe this form of damages would serve to deter employers from future violations of the statutory due process rights of employees. At the very least, it provides a vindication or recognition of this fundamental right granted to the latter under the Labor Code and its Implementing Rules. | |||||