Tuesday, August 28, 2007

AGABON vs. NLRC, November 17, 2004

By Atty. Golda Benjamin Facts: Virgilio and Jenny Agabon were cornice installers of Riviera Home Improvements, a company engaged in the business of selling ornamental construction materials. They were employed from January 2, 1992 until February 23, 1999, when they were dismissed for abandonment of work. The Agabons filed a complaint for illegal dismissal before the LA, who ruled in their favor. The NLRC reversed on appeal. The CA sustained the NLRCs decision The Agabons further appealed to the SC, disputing the finding of abandonment, and claiming that the company did not comply with the twin requirements of notice and hearing. Issue: WON the Agabons were illegally dismissed Held: NO Ratio: Substantive due process (EEs must be dismissed for just or authorized cause): SC upheld the finding of abandonment, because the act of the Agabons in seeking employment elsewhere clearly showed a deliberate intent to sever the ER-EE relationship. Procedural due process (for just cause, there must be a written notice informing him of grounds for termination, a hearing or opportunity to be heard, and a final notice of termination stating the grounds therefor): There was no due process because ER did not send the requisite notices to the last known address of the EEs. ER only gave a flimsy excuse that the notice would be useless because the EEs no longer lived there. This is not a valid excuse, they should have still sent a notice as mandated by law. For not sending the requisite notices, the ER should be held liable for non-compliance with the procedural requirements of due process. Posted by Arnel D. Mateo at 11:08 PM Labels: Labor Law Case Digest, Labor Law Doctrine, Labor Law Landmark Case