Wednesday, May 20, 2009

AGABON V. NLRC (LABOR)


FACTS: Agabon was dismissed for abandonment of work (subcontracting for another company). The court held that the cause for the dismissal was valid but the company failed to follow notice requirements. The company reasoned that it would be useless becuase the Agabons did not reside there anymore.

HELD: This is not a valid excuse because the TWIN NOTICE REQUIREMENTS are mandatory. The dismissal is upheld but the company should be held liable for nominal damages, for the violation of his right to satutory due process.

the law also recognizes the right of the employer to expect from its employees not only good performance, adequate work and diligence, but also good conduct and loyalty. The employer may not be compelled to continue to employ such persons whose continuance in the service will patently be inimical to his interests.

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