substantive due process

Under paragraph (b) of Article 297, gross and habitual neglect of duties can be ground for dismissal of employees. As a general rule, this ground for termination requires the concurrence of “gross” and “habitual.” In short, for negligence to be a proper ground for termination, it must not only be gross but must be both […]

Another ground for dismissal under Article 297 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order given must be lawful. There […]

The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. An employee was held to be validly dismissed for the loss and unauthorized sale […]

Due process under the Labor Code involves two aspects. These are the substantive and the procedural. Substantive due process refers to the ground for dis- missal. It is the justification, the reason or the “why” aspect. For example, under Article 297 of the Labor Code, as amended, an employee may be dismissed for theft, fraud […]