SHOPPES MANILA V. NLRC (LABOR)

FACTS: Buan and Torno were employees of Shoppes Manila. They were charged with stealing items and subsequently suspended then dismissed.

HELD: In order to effect a valid dismissal, the law requires that

1. there be just or valid cause as provided under Article 282 of the Labor Code; and
2. the employee be afforded an opportunity to be heard and to defend himself.

The petitioner had failed to show that it had complained with the TWO-NOTICE REQUIREMENT:

1. a written notice containing a statement of the cause for the termination to afford the employee amply opportunity to be heard and defend himself with the assistance of his representative; and
2. if the employer decides to terminate the services of the employee, the employer must notify him in writing of the decision to dismiss him, stating clearly the reason therefor.