Dear Mr. Ron Christian Eupea, was there compliance with prior notice and hearing rule?

Or this is not material in

termination based on just cause? Mr. Dela Crzu

Dear Mr. Dela Cruz.

Good day

Sorry to have caused you confusion. I have to retract my previous opinion with regards to your termination.

After further research, I have found out that when an employee is terminated, even a probationary one, based on just
cause, due process must be observed to validly terminate the services of the said employee. Under the Labor Codes
IRR, for termination of employment based on just causes, the following must be observed : (a) a written notice must
be served on the employee specifying the ground/s for termination, and giving him reasonable opportunity within
which to explain his side; (b) a hearing or conference must be conducted; and (c) a written notice of termination must
also be served on the employee, indicating that upon due consideration of all the circumstances, grounds have been
established to justify his termination. This requirement is indispensable and the lack of one of the requirements
constitutes an illegal dismissal.

In your case, the procedural due process was not followed. When they sent you a letter on Dec. 25, 2015, it was
stated there that you are effectively terminated on Dec. 31, 2015. Noting that you were terminated based on a just
cause, they should have given you the opportunity to be heard and explain your side, yet they failed to do so. Instead
of giving you an opportunity to be heard, they fired you out of the blue without the proper hearing or conference.

Therefore, your employer did not act in accordance with the law

Sincerely,

Ron Christian T. Eupena

procedural due process must be complied with in order to validly terminate the
services of a probationary employee. Pursuant to Section 2 (d), Rule I, Book Six
of the Labor Codes IRR, for termination of employment based on just causes, (a)
a written notice must be served on the employee specifying the ground/s for
termination, and giving him reasonable opportunity within which to explain his
side; (b) a hearing or conference must be conducted; and (c) a written notice of
termination must also be served on the employee, indicating that upon due
consideration of all the circumstances, grounds have been established to justify
his termination. For termination due to authorized causes, due process is
deemed complied with upon service of a written notice to the employee and the
appropriate Regional Office of the Department of Labor and Employment (DOLE)
at least 30 days before the effectivity of the termination, specifying the ground or
grounds for termination.