Practice question
A tribunal establishes a just cause for dismissal but finds the employer violated statutory notice requirements. The employer claims complete immunity; the employee seeks automatic reinstatement solely because of that procedural defect. Under Agabon’s framework, which is correct?
- The valid cause remains material, while the procedural violation may warrant nominal damages rather than automatic reinstatement on that ground alone
- The employer is immune from any consequence
- Every procedural defect automatically erases a proved just cause
- The parties’ opposite claims must both be granted
- The worker necessarily forfeits all statutory rights
Legal references
- 1987 Constitution: https://lawphil.net/consti/cons1987.html ArticleXIII Section3.
- Aliling v Feliciano GR185829 April25,2012 MAIN: https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html Probationary tenure and standards at engagement.
- Agabon v NLRC GR158693 November17,2004 MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html Valid just cause distinguished from procedural violation.
Answer this question in flashcards to review your response and continue practicing.