This case has been cited 3 times or more.
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2008-03-14 |
CHICO-NAZARIO, J. |
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| In employee termination cases, the well-entrenched policy is that no worker shall be dismissed except for a just or authorized cause provided by law and after due process. Clearly, dismissals have two facets: first, the legality of the act of dismissal, which constitutes substantive due process; and second, the legality in the manner of dismissal, which constitutes procedural due process.[35] | |||||
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2006-08-15 |
CHICO-NAZARIO, J. |
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| The second requisite that must be complied with by an employer for a valid dismissal is to afford the erring employee due process. The due process requirement is not a mere formality that may be dispensed with at will. Its disregard is a matter of serious concern since it constitutes a safeguard of the highest order in response to man's innate sense of justice.[39] The Labor Code does not, of course, require a formal or trial type proceeding before an erring employee may be dismissed. This is especially true in the case of a vessel on the ocean or in a foreign port. The minimum requirement of due process in termination proceedings, which must be complied with even with respect to seamen on board a vessel, consists of notice to the employees intended to be dismissed and the grant to them of an opportunity to present their own side of the alleged offense or misconduct, which led to the management's decision to terminate.[40] To meet the requirements of due process, the employer must furnish the worker sought to be dismissed with two written notices before termination of employment can be legally effected, i.e., (1) a notice which apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the subsequent notice after due hearing which informs the employee of the employers decision to dismiss him.[41] | |||||
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2005-07-28 |
CHICO-NAZARIO, J. |
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| As to the award of indemnity, indemnity is given to the dismissed employee for failure of the employer to strictly comply with the requirements of due process.[25] This Court has awarded indemnity in amounts ranging from P1,000.00 to P10,000.00 depending on the particular circumstances of each case.[26] The award of P10,000.00 to Lamique is reasonable and in accord with prevailing jurisprudence.[27] | |||||