This case has been cited 2 times or more.
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2010-07-02 |
PERALTA, J. |
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| With respect to due process requirement, the employer is bound to furnish the employee concerned with two (2) written notices before termination of employment can be legally effected. One is the notice apprising the employee of the particular acts or omissions for which his dismissal is sought and this may loosely be considered as the proper charge. The other is the notice informing the employee of the management's decision to sever his employment. This decision, however, must come only after the employee is given a reasonable period from receipt of the first notice within which to answer the charge, thereby giving him ample opportunity to be heard and defend himself with the assistance of his representative should he so desire. The requirement of notice, it has been stressed, is not a mere technicality but a requirement of due process to which every employee is entitled.[28] | |||||
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2009-12-23 |
BRION, J. |
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| The petitioners clearly failed to comply with the two-notice requirement. Nothing in the records shows that the petitioners ever sent the respondent a written notice informing him of the ground for which his dismissal was sought. It does not also appear that the petitioners held a hearing where the respondent was given the opportunity to answer the charges of abandonment. Neither did the petitioners send a written notice to the respondent informing the latter that his service had been terminated and the reasons for the termination of employment. Under these facts, the respondent's dismissal was illegal.[16] | |||||