Practice question
The court finds an established just cause and a procedural violation. The employer argues that because no financial loss from the missed notice was quantified, the employee’s procedural right has no legal remedy. Which response follows Agabon and Article2221?
- Nominal damages may vindicate that violated right without exact pecuniary-loss proof
- Every right requires an identical expense receipt
- A valid cause makes all procedures optional
- Lack of quantified loss proves notice occurred
- The employer may abolish procedure by policy
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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