The proper termination of employee must be within the following requirements:

1.) Just and Authorized Cause

No reinstatement
2.) Due Process (Giving a Prior Notice and Right to be Heard and Defend)
Under the law the injured party shall be awarded for damages.
The fact that when the employee filed a complaint against employer he was afforded the right
to an investigation by the labor arbiter.
WhenPhil Serrano
FACTS: FACTS:
Private Respondent filed a complaint to Petitioner filed a complaint to the Labor
the Labor Arbiter in relation to his Arbiter in relation to his dismissal.
dismissal. The Private Respuondent averred that the
The Petitioner averred that the Private Petitioner dismissed within the clause
Respondent dismissed within the clause just and authorized cause
just and authorized cause The Petitioner assailed that he dismissed
The Private Respondent assailed that he without Prior Notice and Right to be
dismissed without Prior Notice and Right Heard and Defend
to be Heard and Defend
ISSUE: ISSUE:
WON the Private Respondent shall be reinstated WON the Petitioner shall be reinstated and paid
and paid for backwages for backwages
HELD: HELD:
The SC held that since the dismissal is within the Since this case is similar to the WhenPhil. The SC
Just and Authorized Cause, the Private need to re-examine the Whenphil Doctrine. They
Respondent should not be reinstated. However, find that monetary sanction is too insignificant or
the Petitioner committed on impaction of the 2nd sometimes too late. They also find that the
Requirement, thus, the Petitioner must indemnify employers failure to comply with the notice
the Private Respondent for damages. And the requirement does not constitute a denial of due
measure of award depends on the facts of each process but a mere failure to observed a
case and the gravity of the omission committed by procedure for the termination of employment
the employer. which make termination merely INEFFECTUAL,
therefore employee must be paid backawages
from the time of his employment was terminated
until it is determined that the termination of
employment is for a just cause because failure to
hear him before he is dismissed renders the
termination of his employment without legal
effect.
In this case the private respondent must
indemnify the petitioner for backwages from the
time of termination of employment up to the final
decision of the SC.