Case Digest free essay sample

The company did the foregoing upon a complaint of one of its medical representative, Cynthia Magat, on the attempt by Ramon Formantes to sexually force himself upon his subordinate. The Labor Arbiter rendered decision finding the dismissal of Ramon Formantes valid for an attempt to sexually abuse Cynthia Magat but imposing a penalty on respondent for its failure to give formal notice and conduct the necessary investigation before dismissing petitioner. The petitioner was not satisfied about the decision of the Labor Arbiter. The petitioner appealed to the NLRC. NLRC affirmed the decision of the Labor Arbiter. Petitioner went to the Court of Appeals. The CA affirmed the NLRC’s decision with modification of the penalty imposed against the respondent from P1,000. 00 to P5,000. 00. ISSUE: Whether or not the dismissal of petitioner on the ground of sexual abuse is proper when the charge against him, stated in the termination letter, was insubordination. We will write a custom essay sample on Case Digest or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page RULING: Although petitioner was dismissed from work by the respondent on the ground of insubordination, this Court cannot close its eyes to the fact that the ground of sexual abuse committed against petitioners subordinate actually exists and was established by substantial evidence before the LA. The LA would be rendered inutile if she would just seal her lips after finding that a just cause for dismissal exists merely because the said ground was not stated in the notice of termination. Thus, we hold the dismissal as valid, but we find that there was non-compliance with the twin procedural requirements of notice and hearing for a lawful dismissal. Since the dismissal, although for a valid cause, was done without due process of law, the employer should indemnify the employee with nominal damages. The Decision and Resolution of the Court of Appeals are AFFIRMED with the MODIFICATION that the sanction imposed on respondent for non-compliance with statutory due process is increased from P5,000. 00 to P30,000. 00.