Practice question
A worker is validly dismissed for an established just cause but denied the required notices. The employer owes proven holiday pay earned before dismissal. It tenders the applicable nominal damages and claims that all earned-wage liabilities are thereby extinguished. No valid settlement or other extinguishing event exists. Which assessment is correct?
- Nominal damages automatically include every earned wage.
- A valid dismissal forfeits all past compensation.
- Procedural indemnity is available only if the worker waives holiday pay.
- The procedural award and proven earned-wage claim have distinct bases, so payment of one does not automatically extinguish the other.
- Holiday pay can never be recovered after dismissal.
Legal references
- Agabon v NLRC, G.R. No. 158693, November 17, 2004, en banc main decision, nominal damages for statutory due-process violation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/46232
- Jaka Food Processing Corporation v Pacot, G.R. No. 151378, March 28, 2005, en banc main decision, authorized cause and notice violation: https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 294 and 297–299.
- Civil Code, Articles 2221–2222: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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