Practice question
A valid just-cause dismissal violates required statutory procedure but the worker proves no exact financial loss caused by that omission. Does that fact alone defeat nominal vindication?
- No; nominal damages recognize the violated procedural right
- Yes; only an expense receipt can support them
- Yes; no cash loss means every procedure was followed
- Yes; due process is optional when free
- Yes; employer intent alone erases the right
Legal references
- Agabon v NLRC GR158693 November17,2004 ENBANC MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html
- Jaka Food v Pacot GR151378 March28,2005 ENBANC MAIN: https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html
- Civil Code Articles2199,2221–2224,2229,2232–2234: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2221–2222 nominal-damages purpose.
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