procedural due process Archives

April 18, 2017

Published by Atty Elvin B. Villanueva at April 18, 2017

REFUSAL OF EMPLOYEE TO REPORT FOR ADMINISTRATIVE INVESTIGATION IS DEEMED WAIVER OF RIGHT TO PROCEDURAL DUE PROCESS AND NOT INSUBORDINATION

Sta. Isabel vs. Perla Compañia De Seguros, Inc. G.R. No. 219430, November 7, 2016 Facts: Perla, a company engaged in insurance business, hired Sta. Isabel as […]

January 30, 2018

Published by Atty Elvin B. Villanueva at January 30, 2018

NOTICE OF CLOSURE TO DOLE, IF NOT COMPLIED WITH, DOES NOT RENDER THE TERMINATION ILLEGAL

Notice of closure with the DOLE does not render the dismissals of complainants, which were based on an authorized cause, illegal. Thus, the SC held in […]

August 23, 2018

Published by Atty Elvin B. Villanueva at August 23, 2018

PERFORMANCE EVALUATION MADE AFTER THE CASE WAS FILED IS NOT FAIR AND ACCURATE ASSESSMENT AND MERE SELF-SERVING

Performance evaluation allegedly showing the employee’s inefficiency and shortcomings in the performance of his job was made only more than one month after his dismissal. Thus, […]

May 31, 2019

Published by Atty Elvin B. Villanueva at May 31, 2019

EMPLOYEE CAN BE VALIDLY DISMISSED FOR VIOLATION OF UNION SECURITY CLAUSE; PARALLEL TREATMENT OF VIOLATION WITH JUST CAUSE

Employee who violates the union security clause provision in the CBA may be validly dismissed. Due process must be observed by the employer. Thus, the SC […]

July 12, 2019

Published by Atty Elvin B. Villanueva at July 12, 2019

PROBATIONARY EMPLOYMENT: EMPLOYER HAS THE RIGHT OR IS AT LIBERTY TO CHOOSE WHO WILL BE HIRED AND WHO WILL BE DENIED EMPLOYMENT

As long as the employer has made known to the employee the regularization standards at the time of the employee’s engagement, the refusal of the former […]

August 5, 2019

Published by Atty Elvin B. Villanueva at August 5, 2019

FAILURE TO ISSUE NOTICE TO EXPLAIN (NTE) FOR ADDITIONAL CHARGES IN THE NOTICE OF TERMINATION VIOLATES PROCEDURAL DUE PROCESS

The additional grounds cited in the notice of termination which were not mentioned in the NTE violated Pardillo’s right to be informed of the administrative charges […]

March 24, 2020

Published by Atty Elvin B. Villanueva at March 24, 2020

FIXED-TERM CONTRACT THAT HAS BEEN CONTINUOUSLY EXTENDED OR RENEWED INDICATES REGULAR EMPLOYMENT

Fixed-term employment contract was repeatedly extended or renewed covering the same position, and involving the same duties. Case law holds that the repeated engagement under a […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

PROCEDURAL DUE PROCESS IS NOT COMPLIED WITH BY GIVING THE EMPLOYEE MERE 24 HOURS TO EXPLAIN THE CHARGE

Procedural due process requirements in the dismissal of an employee provide that the employer must furnish the employee with two written notices before dismissal from employment: […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

NOTICE TO DOLE FIELD OFFICE, NOT TO ITS REGIONAL OFFICE, FAILS TO COMPLY WITH PROCEDURAL DUE PROCESS FOR REDUNDANCY

Notice to DOLE and the affected employees at least one month prior to the intended date of termination is required in redundancy. Mejila vs. Wringley Philippines, […]