Friday, May 22, 2009

MAGOS V. NLRC (LABOR)


FACTS: Magos is a manager of Pepsi in Surigao. One supplier complained that Magos was supplying in a different area despite agreement on the matter to which Magos countered that it was necessary as sales were down. Magos was later terminated.

HELD: What is most important is that before termination, employee must be given the twin requirements of due process proper notice and hearing. The essence of due process is that a party be afforded a reasonable opportunity to be heard and to submit any evidence he may have in support of his defense. Even though petitioner in this case never admitted the accusations of dishonesty against him, he impliedly acknowledged his insubordination as shown in his petition.

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