Towards labor justice: A comprehensive review on Agabonvs NLRC and the various Supreme Court doctrines in granting remedies for illegal termination
Date of Publication
2015
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Labor and Employment Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Hilario S. Caraan
Defense Panel Chair
Edward P. Chico
Defense Panel Member
Augusto R. Bundang
Reynaldo G. Ros
Abstract/Summary
The various and oftentimes conflicting Supreme Court en banc decisions have led to confusion of the interpretation of the Labor Code. Revolving around this are explained in the previous chapters regarding the principle of social justice, due process of law, stare decisis and repercusions for illegal termination. Erroneous application of these concepts shall deteriorate labor rights.
Whereby, it is the purpose of the Labor Code to assert employee rights while limiting it for the employer. It is seen in the case of Agabon of NLRC of which deterioration of labor rights ensued. Specifically pertaining to the right to due process of law, the NLRC, Court of Appeals and Supreme Court have different perspectives and decisions which highlights the prevailing doctrinal case.
Furthermore, the non-observance of procedural due process is a very important factor in determining what type of damages shall be incurred. This will solve major issues such as the right appropriation of compensations to illegally terminated employees, conflicts of jurisprudence and statutes, and the discretionary power of the Supreme Court. The solutions of these issues will help attain labor justice.
Abstract Format
html
Language
English
Format
Accession Number
TU19406
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
iii, 134 leaves, 28 cm.
Keywords
Employees--Dismissal of--Law and legislation--Philippines
Recommended Citation
Banzuela, N. Z., & Ortiz, P. M. (2015). Towards labor justice: A comprehensive review on Agabonvs NLRC and the various Supreme Court doctrines in granting remedies for illegal termination. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/14975
Embargo Period
5-9-2021