REYES-RAYEL V.

PLT HOLDINGS
Facts:
In 2000, petitioner Flordeliza Reyes-Rayel was hired by PLTH as
Corporate Human Resources Director for Manufacturing. In 2001, petitioner
received a prerequisite notice which states that there has been a loss of
confidence in her capability to promote the interest of the company. That she
made statements that serve to undermine the companys efforts.
Such remarks are inflammatory and negative. And that in view of the
above, they afford her the opportunity to submit her written reply to the
memorandum within 48 hours from its receipt, failure to do so shall be
constituted as waiver to her right to be heard.
A termination notice was given. Petitioner filed a complaint for illegal
dismissal and payment of 13th month pay, separation pay etc.
Issue:
Whether or not petitioner was given due process.
Held:
Petitioner was accorded due process. We have examined the
Prerequisite Notice, and it properly advised petitioner to explain through a
written response her failure to perform in accordance with management
directives, which deficiency resulted in the company's loss of confidence in
her capability to promote its interest
In this case, petitioner's written response to the Prerequisite Notice
provided her with an avenue to explain and defend her side and thus served
the purpose of due process. That there was no hearing, investigation or right
to appeal, which petitioner opined to be a violation of company policies, is of
no moment since the records is bereft of any showing that there is an
existing company policy that requires these procedures with respect to the
termination of a CHR Director like petitioner or that company practice calls
for the same.