Scribd
Upload
66 views1 page

Employee Rights to Counsel in Termination

The document discusses an employee's right to counsel during an administrative investigation by their employer regarding potential termination. It summarizes that the labor code explicitly provides employees the right to representation and assistance in their defense, including legal counsel. It finds the employer violated this statutory right of the petitioner and awards nominal damages of 30,000 pesos.

Uploaded by

lehsem20006985
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
66 views1 page

Employee Rights to Counsel in Termination

The document discusses an employee's right to counsel during an administrative investigation by their employer regarding potential termination. It summarizes that the labor code explicitly provides employees the right to representation and assistance in their defense, including legal counsel. It finds the employer violated this statutory right of the petitioner and awards nominal damages of 30,000 pesos.

Uploaded by

lehsem20006985
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

The protestations of ETSI, et al.

that the right to be informed of the right to


counsel does not apply to investigations before administrative bodies and that law
and jurisprudence merely give the employee the option to secure the services of
counsel in a hearing or conference
[53]
fall in light of the clear provision of Article
277 (b) of the Labor Code that

the employer xxx shall afford [the worker whose employment is
sought to be terminated] ample opportunity to be heard and to defend
himself with the assistance of his representatives if he so desiresin
accordance with company rules and regulations pursuant to guidelines
set by the Department of Labor and Employment,


and this Courts explicit pronouncement that [a]mple opportunity connotes every
kind of assistance that management must accord the employee to enable him to
prepare adequately for his defense including legal representation.
[54]


Following Agabon, et al. v. National Labor Relations Commission,
[55]
the
violation of petitioners statutory due process right entitles her to an award of
nominal damage, which this Court fixes at P30,000.
[56]



WHEREFORE, the petition is in part GRANTED.

You might also like