INSTRUCTIONS:

Use this website to share your legal mind.
Please feel free to post your Suggested Answers to these Bar Questions.
You can also view and response to the opinions of others.

7. Standards of Due Process

Inday was employed by Herrera Home Improvements, Inc. (Herrera Home) as interior decorator. During the first year of her employment, she did not report for work for one month. Hence, her employer dismissed her from the service. She filed with the Labor Arbiter a complaint for illegal dismissal alleging she did not abandon her work and that in terminating her employment, Herrera Home deprived her of her right to due process.

She thus prayed that she be reinstated to her position.

Inday hired you as her counsel. In preparing the position paper to be submitted to the Labor Arbiter, explain the standards of due process which should have been observed by Herrera Home in terminating your client’s employment. 5%

1 comment:

Anonymous said...

VII.

Herrera Homes should have observed procedural due process by giving Inday two written notices before terminating her employment, namely: (1) a notice which apprises the employee of the particular acts or omissions for which her dismissal is sought; and (2) the subsequent notice which informs her of the decision to dismiss her.