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Showing 1–24 of 63 articles for “procedural due process”

Employee Dismissal in the Philippines: Due Process and Substantial Evidence Requirements

Philippine Supreme Court clarifies that employers must prove just cause with substantial evidence and follow procedural due process when dismissing employees.

Serious Misconduct and Due Process in Employment Termination: Key Lessons from a 2021 Supreme Court Ruling

The Supreme Court clarifies the standards for serious misconduct and procedural due process in dismissing employees, using a university professor's case.

Resignation vs. Dismissal: Philippine Supreme Court Clarifies Employee Rights

The Supreme Court explains when resignation bars an illegal dismissal claim and when procedural due process still matters.

Navigating Employee Dismissal: Just Cause and Procedural Due Process in the Philippines

Learn the two-part test for lawful dismissal in the Philippines—substantive just cause and procedural due process—from a recent Supreme Court ruling.

Procedural Pitfalls in Labor Disputes: Lessons from Mariano v. G.V. Florida Transport

A Supreme Court ruling on valid dismissal for serious misconduct but liability for procedural due process lapses, unpaid wages, and 13th month pay.

Understanding Illegal Dismissal and Due Process Rights in Philippine Workplaces

The Supreme Court clarifies the twin requirements of substantive and procedural due process in employee termination cases.

Due Process in Termination: Ensuring Fair Dismissal Under Philippine Labor Law

Learn the rules for valid dismissal in the Philippines—substantive and procedural due process, and what happens when employers fail to comply.

Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases

The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.

Procedural Due Process in Administrative Cases: When a Show Cause Memorandum Suffices

The Supreme Court clarifies when a show cause memorandum satisfies procedural due process in administrative disciplinary proceedings against government employees.

Procedural DUE Process THE Indispensable Right TO BE Heard IN Administrative Cases

Dismissal With Just Cause Still Requires Procedural Due Process: Ortiz v. DHL

A valid dismissal needs both substantive and procedural due process. Learn the twin notice and hearing rules from Ortiz v. DHL.

Procedural Due Process in Termination: Proper Notice When a Business Closes

The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.

Just Cause vs. Due Process: When a Valid Dismissal Still Costs the Employer

A valid dismissal for just cause does not erase the employer's duty to observe procedural due process. The Supreme Court explains the two-notice rule and nominal damages.

Due Process in Employment Termination: Balancing Cause and Procedure

The Supreme Court clarifies that dismissals with just cause remain valid even without procedural due process, but employers must pay nominal damages.

Negligence on the Road: When Employer Liability Intersects With Employee Conduct

A Supreme Court ruling on bus driver dismissals clarifies negligence as just cause, procedural due process, and the limits of settlement authority.

Procedural Due Process in Employment Termination: The Right to a Hearing

Philippine Supreme Court clarifies that employers must provide a hearing or conference, not just written notices, before validly dismissing employees.

Finality vs Due Process: Resolving Conflicting Rulings on Employment Status

A Supreme Court ruling clarifies when NLRC monetary awards become final, and why a valid dismissal still requires procedural due process.

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Insubordination on the High Seas: Protecting Seafarers' Rights Against Unjust Dismissal

Philippine Supreme Court ruling on seafarer dismissal clarifies the burden of proof in insubordination cases and procedural due process under the POEA-SEC.

Due Process in Termination: Employer's Duty to Ensure Fair Hearing and the Scope of Nominal Damages

Supreme Court clarifies employers' duty to observe procedural due process in dismissals and the proper basis for awarding nominal damages.

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Due Process in Administrative Dismissals: Balancing Fairness and Efficiency

The Supreme Court clarifies what procedural due process truly requires in administrative dismissals, using the Vivo v. PAGCOR case as a guide.

Due Process in Employee Dismissal: Nominal Damages for Procedural Lapses

Philippine Supreme Court clarifies that dismissing an employee for just cause still requires procedural due process, or the employer pays nominal damages.

Separation Pay and Due Process in Valid Dismissals: Lessons from Unilever v. Rivera

The Supreme Court clarifies when separation pay is due to validly dismissed employees and the procedural due process required in termination cases.