Discussion February 11, 2019

Discussion February 18, 2019

Kinds of Due Process

1. Statutory Due Process, as provided in the LC
2. Procedural
3. Substantive
4. Contractual, that which is provided by company policy
5. Constitutional, the right to be heard.
a. Addressed to the state/court/LA/DOLE
b. When Labor Tribunal denies final due process, the LA’s decision is null and void
c. A party cannot be condemned without due process

Finality of Decision
Based on Certificate of Finality, if it is issued by the LA. But if it is issued by the NLRC then the term is not
certificate of finality, it is an Entry of Judgement. It is similar in nature.

Doctrine of Impossibility
 What are those instances when Separation pay may be awarded in view of reinstatement

Q: May an employee validly dismissed entitled to Separation pay?

A: Generally, no.
 Except: Compassionate Justice
 Exception to the Exception:
o Serious Misconduct: dishonesty, fraud, crimes
o Acts affecting Moral Depravity

Floating Status or Off-Detail

 The floating status of 6 months period is not deemed a termination
 If an EE files for an illegal dismissal case, that should be dismissed because, there is no illegal
dismissal after all. The EE is merely placed on floating status or in case of security guard, off-
detail.
 ER has 6 months from the time of the expiration of the contract within which to look for new
employment. After 6 months the EE is deemed constructively dismissed.
o The constructive dismissal has the effect of awarding the EE with backwages. From the
time he was not assigned up to the expiration of 6 months.
 JUSTIFY: valid termination within that 6 months of floating status.
o If the EE was required to report to a new post but they did not show up
o Here, the finding is no longer “Pre-maturity” only dismissed in the basis of valid
dismissal

o
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