Philippine Bar review · Question

Practice question: Due Process Requirements (DO 147, s. 2015)

Multiple Choice Easy Jurisprudence

Practice question

What must the first written notice for a contemplated just-cause termination contain?
  1. Only the word misconduct
  2. A decision already terminating employment
  3. A statement that management need not explain its grounds
  4. The specific ground, detailed supporting facts and a directive allowing a written explanation within a reasonable period
  5. Only the employee’s last performance score

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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