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Cleary, the Respondent violated the statutory right of the herein complainant
i.e. his right to be furnished of the two written notice prior to dismissal as specifically
provided by Article 277 (b) of the Labor Code of the Philippines. In a case like this,
the proper award is nominal damages under the Civil Code as it is aimed to vindicate
the right to procedural due process violated by the employer. In the case of Jenny
Agabon and Virgilio Agabon vs. NLRC (G.R. No. 158693, November 17, 2004), for
lack of statutory due process, the employer was ordered to indemnify the employee
for the violation of his statutory right which warrants the indemnity in the form of
nominal damages.
In the instant case, there is no other plausible explanation for the acts (or its
conspicuous absence) of the Respondent of the manner wherein the Complainant
was deprived of his employment except bad faith.
PRAYER
1
3. Ordering the Respondent to pay to the Complainant his SERVICE
INCENTIVE LEAVE PAY, HOLIDAY PAY, REST DAY PREMIUM PAY AND
OVERTIME PAY that were all deprived from him during his entire
employment with the Respondent.
Other reliefs just and equitable under the premises are also prayed for.
RESPECTFULLY SUBMITTED.
By:
NEMITZ F. NEGADO
Public Attorney II
Roll of Attorneys No. 40747
IBP No. 05045 (Lifetime)
MCLE Compliance No. III - 0017029
(June 2, 2010)