Such was not apparent from the memoranda.
However, he must be paid backwages from the time his employment was terminated until it is determined that the termination of employment is for a just cause because the failure to hear him before he is dismissed renders the termination of his employment without legal effect.
Further, her allegation of duress may not be accorded credence, there being no evidence as to the circumstances under which her consent was allegedly vitiated.
Supersonic , to pay her full backwages from the time her employment was terminated until the finality of the decision because of the failure of Supersonic to comply with the two-written notice rule, citing the ruling in Serrano v.
Article 282 of the Labor Code enumerates the causes by which the employer may validly terminate the employment of the employee, viz: Article 282.
The law requires the employer to furnish the employee concerned with two written notices — one, specifying the ground or grounds for termination and giving said employee reasonable opportunity within which to explain his side, and another, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.
A brilliant but often roughspoken man with little belief in claims of visions and miracles, Peyramale told Bernadette that the lady must identify herself.
Thus, the Agabon Court designed such form of damages as a deterrent to employers from committing in the future violations of the statutory due process rights of employees, and, at the same time,as at the very least a vindication or recognition of the fundamental right granted to the employees under the Labor Code and its implementing rules.
Description: Bernadette was a sickly child; she had had cholera in infancy and suffered most of her life from asthma, and some of the people who interviewed her following her revelation of the visions thought her simple-minded.