Practice question
An employer proves a valid just cause but omits mandatory procedure. The worker claims this omission necessarily means there was no substantive cause. Under Agabon, which is correct?
- The cause and procedural violation must be analyzed separately
- Every procedural omission proves the opposite of the established cause
- Valid cause automatically proves every notice was sent
- The court must ignore the omission
- The employer may retroactively invent delivery records
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.
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