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Virgilio Agabon V NLRC

1. Virgilio Agabon and other employees filed a case for illegal dismissal against their employer, Riviera Home Improvements, Inc., after being terminated for allegedly abandoning their work. 2. The court held that there was just cause for dismissal due to abandonment, but that the employer violated the employees' right to notice and hearing by not sending written termination letters. 3. While the employer has the right to expect good performance from employees, it also has the duty to observe procedural requirements like notice and hearing in termination. Denial of statutory due process under labor laws is not the same as denial of constitutional due process.

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140 views1 page

Virgilio Agabon V NLRC

1. Virgilio Agabon and other employees filed a case for illegal dismissal against their employer, Riviera Home Improvements, Inc., after being terminated for allegedly abandoning their work. 2. The court held that there was just cause for dismissal due to abandonment, but that the employer violated the employees' right to notice and hearing by not sending written termination letters. 3. While the employer has the right to expect good performance from employees, it also has the duty to observe procedural requirements like notice and hearing in termination. Denial of statutory due process under labor laws is not the same as denial of constitutional due process.

Uploaded by

Kat Jolejole
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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VIRGILIO AGABON, et al. v.

NLRC
Facts: FACTS
Agabon worked for respondent Riviera Home Improvements, Inc. as gypsum and cornice
installers. Their employment was terminated when they were dismissed for allegedly
abandoning their work. Petitioners Agabon then filed a case of illegal dismissal.
Petitioner contends that Riviera violated the requirements of notice and hearing when
the latter did not send written letters of termination to their addresses.
Issue: 1. Whether the Agabons were illegally dismissed?
2. Whether Riviera violated the requirements of notice and hearing?
3. Is the violation of the procedural requirements of notice and hearing for
termination of employees a violation of the Constitutional due process?
Held: 1. No. There was just cause for their dismissal and that is abandonment.
2.Yes. While the employer has the right to expect good performance,diligence,
good conduct and loyalty from its employees, it also has the duty to provide just
compensation to his employees and toobserve the procedural requirements of
notice and hearing in the termination of his employees.
3. No. Constitutional due processis that provided under the Constitution,
which involves the protection of the individual against governmental oppression and the
assurance of his rights In civil, criminal and administrative proceedings;statutory due
processis that found in the Labor Code and its Implementing Rules and protects the
individual from being unjustly terminated without just or authorized cause after
noticeandhearing.The
two
aresimilarin
that
they
both
have
two
aspects:substantivedueprocess and procedural due process. However, they
differ in that underthe Labor Code, the first one refers to the valid and authorized causes
of employment termination, while the second one refers to the manner of dismissal. A
denial of statutory due process is not the same as a denial of Constitutional due process for
reasons enunciated inSerrano v. NLRC.

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