Practice question
An employer proves a just cause for dismissal but deliberately gives neither the required notices nor an opportunity to respond. It claims that proving cause eliminates every possible liability for the procedure. Which conclusion follows Agabon and the current procedural rules?
- Cause automatically excuses every procedural breach
- Substantive cause and procedural compliance are separate; dismissal for established just cause may be upheld while the employer remains liable for the procedural violation
- Every procedural defect automatically requires reinstatement and full backwages despite proved just cause
- The employee must accept the omission because management owns the business
- Only criminal courts may consider the procedural issue
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A sections 1 and 5.1–5.2, disciplinary causes and procedural requirements under current Article 297.
- https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, GR 158693, November 17, 2004, main decision; valid cause and separate liability for procedural noncompliance.
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