This case has been cited 2 times or more.
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2008-10-31 |
CARPIO MORALES, J. |
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| there must be reasonable proportionality between the offense and the penalty.[36] Dismissal is the ultimate penalty that can be meted to an employee, and where a penalty less punitive would suffice, whatever missteps may be committed by labor ought not to be visited with so severe consequence.[37] Thus in Zagala v. Mikado Philippines Corporation,[38] this Court found dismissal too severe a penalty on incurring of absences in excess of the allowable number. | |||||
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2008-04-14 |
CORONA, J. |
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| Clearly, respondents were unmindful of the requirements explicitly laid down by law and jurisprudence. Anything short of complying with the same amounts to a dismissal. Thus, no amount of justification from respondents can move us now to declare the dismissal as being in accordance with the procedural requirements provided for by law. It cannot be overemphasized that sufficient notice should be given as part of due process because a worker's employment is his property in the constitutional sense.[17] | |||||