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.

1. Concept

“At its core, substantive due process guarantees a right to liberty that cannot be taken away or unduly constricted, except through valid causes provided in the law.” (Brown Madonna Press, Inc. v. Cabangon, G.R. No. 200898, 15 June 2015)

https://www.youtube.com/watch?v=stAXyd5Bkg0

2. Substantive due process

Substantive due process is divided into two, namely: (a) just causes and (b) authorized causes.

a. Just causes

Just causes are grounds for termination of employment.

It is called just causes because the termination of employment is justified due to an employee’s actions, behavior, or omission, either of which resulted in a serious or grave violation of the law, employment contract, company policies, collective bargaining agreement, and any other employment agreement.

In these situations, and in the exercise of its management prerogative, the employer is justified in imposing the penalty of dismissal on the erring employee.

For more detailed discussions, refer to Just Causes.

b. Authorized causes

Authorized causes are grounds for separation of employment.

It is called author...

 



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