Practice question
An admitted regular employee is dismissed because the owner wants to hire a relative. The employer issues two detailed notices and conducts a hearing, but expressly disclaims misconduct, redundancy, closure, disease, or any other lawful cause. It argues that the extensive process alone cures the absence of a ground. Which conclusion is correct?
- The employer wins because the hearing lasted a full day.
- The owner's preference is automatically an authorized cause.
- The notices convert the employee into a probationer.
- The dismissal lacks substantive justification despite the stated process.
- Only union members may question this dismissal.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 293–294 [278–279] and 296–299 [281–284].
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/27/69531 — C.P. Reyes Hospital v. Barbosa, G.R.228357, April16 2024 main opinion, security of tenure and substantive/procedural requirements.
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