Due Process Termination

In line with the management prerogative, the employer is allowed to terminate the services of the employee provided that substantive and procedure due process are observed.[1]

Substantive due process is complied with once the grounds are established to justify a disciplinary action. On the other hand, procedural due process is complied with once the required processes under the law are observed.

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Best Legal Practices: Disciplining or Terminating an Employee

Best Legal Practices are designed to protect businesses and organizations by preventing lawsuits and liabilities. These are best practices with legal compliance. For labor law, best legal practices are sourced from labor laws, rules and regulations, jurisprudence, and industry best practices.

Due Process Termination: Legal Way to Dismiss an Employee

Due process termination is the legal way to terminate an employee. Without due process, the employer will be liable for illegal dismissal, full backwages, reinstatement, separation pay if reinstatement is not feasible, moral and exemplary damages, nominal damages, and attorney’s fees. Illegal dismissal could result in a huge monetary award.

United Tourist Promotions (UTP) v. Harland B. Kemplin

An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his dismissal.

G.R. No. 205453, 05 February 2014

Complainant Harland B. Kemplin initiated a labor complaint against his employer defendant United Tourist Promotions (UTP), and its sole proprietor defendant Ariel D. Jersey. Sometime in 1995, Complainant and the late Mike Dunne formed UTP with the help of two American expatriates. In 2002, UTP engaged Complainant to be its President for five years. Even after the period, Complainant retained his position. In 30 July 2009, UTP sent Complainant a letter informing him of the lapse of his contract and its non-renewal resulting in his no longer being employed. Further, the letter directed Complainant to cease and desist from entering the premises due to the various criminal cases filed against him arising of his “inhuman treatment… of the rank and file employees, which caused great damage and [prejudice] to the company.”

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International School of Manila v. International School Alliance of Educators (ISAE)

Gross inefficiency is a just case since it is closely related to gross neglect.

G.R. No. 167286, 05 February 2014

Complainant Evangeline Santos filed a labor complaint for illegal dismissal against her employer defendant International School Manila and Brian McCauley. Previously, complainant was “first hired by the School in 1978 as a full-time Spanish language teacher.” After filing for a leave of one academic year, she agreed to teach the only available Spanish class and four other classes of Filipino.

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