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?
- Yes, the Court ignored substantive cause
- Yes, every procedural error always requires reinstatement
- No remedy can ever arise for procedural defects
- No; the proved just-cause dismissal may stand while the employer incurs the appropriate nominal-damages consequence
- 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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