Philippine Bar review · Question

Practice question: Definition

Multiple Choice Medium

Practice question

A dismissal is supported by a proved just cause, but the employer violates statutory notice requirements. Under Agabon, is absence of notice alone treated identically to absence of substantive cause for purposes of automatic reinstatement?
  1. Yes, the Court ignored substantive cause
  2. Yes, every procedural error always requires reinstatement
  3. No remedy can ever arise for procedural defects
  4. No; the proved just-cause dismissal may stand while the employer incurs the appropriate nominal-damages consequence
  5. No, because notice is optional in all cases

Legal references

  • Agabon v.NLRC, GR158693, November17,2004, main opinion: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html

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