Practice question
Two established employer dismissals are challenged. In CaseA, no lawful substantive ground is proved despite proper notices. In CaseB, a just cause is proved but statutory notice was omitted. A party insists that both necessarily receive identical reinstatement treatment because any defect is the same. Which is best?
- Substantive absence of cause and a procedural lapse despite proved just cause have distinct consequences under the Code and Agabon
- Every notice automatically creates lawful cause
- Every procedural lapse necessarily erases a proved just cause
- No procedural protection exists
- Both are automatically voluntary resignations
Legal references
- Agabon v.NLRC, GR158693, November17,2004; Labor Code Article294[279]: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html
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