Summary ▪ Procedural due process is divided into just cause procedure or authorized cause procedure. ▪ Just cause procedure refers to the process for termination of employment due to just causes. ▪ Authorized cause procedure refers to the process for separation of employment due to authorized causes. ▪ If there is no procedural due process,…
Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination of employment. ▪ Authorized causes are grounds for separation from employment. ▪ If there is no substantive due process, i.e. no just cause or authorized cause, the employer may be held liable for illegal dismissal….
Summary ▪ Due process implements the constitutional provisions on security of tenure. ▪ It is about complying with the substantive due process and procedural due process. ▪ Termination of employment is different from separation from employment. ▪ Procedural due process is different for just cause and authorized cause. ▪ Non-compliance with due process may result…
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries…
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept Illegal dismissal is the termination of employment or separation from employment without complying with due…
1. Failure to observe a continuing qualification The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee. YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008 [Background] • [The employee – an International Flight Steward – was dismissed for having failed…
Analogous cause refers to those similar to the enumerated just causes.
1. Due process despite crime Commission of a crime does not do away with due process. When an employee physically assaults the employer or his duly authorized representative like a manager, the Company should still proceed with due process termination. Many employers mistakenly rely on the investigation conducted by the authorities or the prosecutor. When…
1. Concept “Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives” – refers to the commission of a crime or offense against the person of the employer, his/her immediate family member, or his/her duly authorized representatives. Thus,…
1. Confidential employees In Cruz v. Citytrust Banking Corporation, the confidential employee – a Micro Technical Support Officer – was dismissed after receiving unauthorized commissions and rebates by a supplier for purchases made by his employer. Accordingly, the confidential employee lost the trust and confidence reposed upon him by his employer after he receiving unauthorized…