Tag Archives: If the dismissal is based on an authorized cause under Article 283 but the employer failed to comply with the notice requirement the sanction should be stiffer because the dismissal process was initia

If the dismissal is based on an authorized cause under Article 283 but the employer failed to comply with the notice requirement, the sanction should be stiffer because the dismissal process was initiated by the employer’s exercise of his management prerogative. The dismissed employee is entitled to nominal damages and separation pay.

Although the Court finds Culili’s dismissal was for a lawful cause and not an act of unfair labor practice, ETPI, however, was remiss in its duty to observe procedural due process in effecting the termination of Culili. We have previously … Continue reading

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