This case has been cited 3 times or more.
|
2012-01-24 |
BERSAMIN, J. |
||||
| The fair and reasonable opportunity required to be given to the employee before dismissal encompassed not only the giving to the employee of notice of the cause and the ability of the employee to explain, but also the chance to defend against the accusation. This was our thrust in Philippine Pizza, Inc. v. Bungabong,[16] where we held that the employee was not afforded due process despite the dismissal being upon a just cause, considering that he was not given a fair and reasonable opportunity to confront his accusers and to defend himself against the charge of theft notwithstanding his having submitted his explanation denying that he had stolen beer from the company dispenser. The termination letter was issued a day before the employee could go to the HRD Office for the investigation, which made it clear to him that the decision to terminate was already final even before he could submit his side and refute the charges against him. Nothing that he could say or do at that point would have changed the decision to dismiss him. Such omission to give the employee the benefit of a hearing and investigation before his termination constituted an infringement of his constitutional right to due process by the employer. | |||||
|
2007-06-15 |
QUISUMBING, J. |
||||
| In Agabon v. National Labor Relations Commission,[13] we said that where the dismissal is for a just cause, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. The employer should indemnify the employee, however, in the form of nominal damages, for the violation of his right to statutory due process.[14] The amount of such damages is addressed to the sound discretion of the Court, taking into account the relevant circumstances.[15] In this case, we deem it proper to fix it at P30,000. | |||||
|
2006-01-30 |
QUISUMBING, J. |
||||
| In Agabon v. National Labor Relations Commission,[15] we ruled that where the dismissal is for an authorized cause, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee, in the form of nominal damages, for the violation of his right to statutory due process.[16] The amount of such damages is addressed to the sound discretion of the Court, taking into account the relevant circumstances.[17] In Jaka Food Processing Corporation v. Pacot,[18] we noted that the sanction should be stiffer because the dismissal process was initiated by the employer's exercise of its management prerogative. | |||||