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PEPSI-COLA BOTTLING CO. v. NLRC

This case has been cited 1 times or more.

2007-06-29
VELASCO, JR., J.
First, respondent was not issued a written notice charging him of committing an infraction. The law is clear on the matter. A verbal appraisal of the charges against an employee does not comply with the first notice requirement. In Pepsi Cola Bottling Co. v. NLRC,[18] the Court held that consultations or conferences are not a substitute for the actual observance of notice and hearing. Also, in Loadstar Shipping Co., Inc. v. Mesano,[19] the Court, sanctioning the employer for disregarding the due process requirements, held that the employee's written explanation did not excuse the fact that there was a complete absence of the first notice.