Practice question
A business proves a genuine authorized cause and pays the applicable separation benefit, but terminates employees immediately without the prescribed employee and DOLE notices. Explain why payment does not settle the procedural issue and distinguish it from absence of substantive cause.
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, sections 5.1 and 5.3: detailed notices, at least five calendar days, meaningful opportunity, hearing triggers and authorized-cause notice.
- https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, G.R. 158693, November 17, 2004, main decision: substantive just cause distinguished from procedural violation.
- https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html — Jaka Food Processing Corp. v. Pacot, G.R. 151378, March 28, 2005, main decision: established authorized cause does not excuse notice violation.
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