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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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.

Raul C. Cosare v. Broadcom Asia, Inc.

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit.

G.R. No. 201298, 05 February 2014

Complainant Raul C. Cosare instituted a labor complaint primarily for constructive dismissal against his employer defendant Broadcom Asia, Inc., and its president defendant Dante Arevalo.

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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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