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Substantive 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….
Due Process
1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in the ancient and immortal words said in Greek Mythology: Strike, but hear me first! Before the employer may impose a penalty as a result of a disciplinary action, the employees should know what they are…
Cases: Prescriptive Period for Monetary Claims
These are the related Labor Law Cases or Jurisprudence. 1. 3 years from accrual of cause of action Philippine Long Distance Telephone Company (PLDT) v. Pingol G.R. No. 182622, 08 September 2010 [BACKGROUND] In 1979, [the employee] [R. [the employee]] was hired by petitioner PLDT as a maintenance technician. On April 13, 1999, while still…
Cases: Analogous Causes
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…
Duncan Association of Detailman-PTGWO vs. Tecson (2004)
CASE DETAILS Case Title Duncan Association of Detailman-PTGWO vs. Tecson Citation G.R. No. 162994, September 17, 2004 Penned by Tinga, J. 1. Background • [The employee] [P.A.] Tecson (Tecson) was hired by respondent Glaxo Wellcome Philippines, Inc. (Glaxo) as medical representative on October 24, 1995, after Tecson had undergone training and orientation. • Thereafter,…
Eastern Telecommunications Philippines, Inc. v. ETEU (2012)
Eastern Telecommunications Philippines, Inc. v. Eastern Telecoms Employees Union, G.R. No. 185665, February 8, 2012, Mendoza, J.: 1. Background • Eastern Telecommunications Phils., Inc. (ETPI) is a corporation engaged in the business of providing telecommunications facilities, particularly leasing international date lines or circuits, regular landlines, internet and data services, employing approximately 400 employees. • Eastern…
