Can a dismissal from employment be valid but defective? | 6 December 2024

In determining whether an employee’s dismissal had been legal, the inquiry focuses on whether the dismissal violated his right to substantial and procedural due process. An employee’s right not to be dismissed without just or authorized cause as provided by law, is covered by his right to substantial due process. Compliance with procedure provided in the Labor Code, on the other hand, constitutes the procedural due process right of an employee.

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Alburo Law
December 06, 2024

Can a dismissal from employment be valid but defective?

An employee’s removal for just cause or authorized cause but without complying with the proper procedure does not invalidate the dismissal. (Distribution & Control Products, Inc. v. Jeffrey Santos, G.R. No. 212616, July 10, 2017)

Law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corporation v. Lanny Jean Baquial, G.R. No. 192011, June 30, 2014)

Nominal damages are awarded for the purpose of vindicating or recognizing a right and not for indemnifying a loss. (Libcap Marketing Corporation v. Lanny Jean Baquial, G.R. No. 192011, June 30, 2014)

The Supreme Court decides: Demotion, verbal abuse, and indifferent behavior by an employer that forces an employee to resign shall constitute constructive dismissal.

In the case of Bartolome vs. Toyota Quezon Avenue Inc., et al., G.R. No. 254465, April 3, 2024, the Supreme Court has held that demotion, verbal abuse, and indifferent behavior by an employer that forces an employee to resign constitute constructive dismissal.

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