Back

Samar-Med Distribution Vs. National Labor Relations Commission, et al.

SAMAR-MED DISTRIBUTION, Petitioner, -versus- NATIONAL LABOR RELATIONS COMMISSION, AND JOSAFAT GUTANG, Respondents.

G.R. No. 162385 | 2013-07-15

FIRST DIVISION

D E C I S I O N

BERSAMIN, J.: 

Although an employer may legally dismiss an employee for a just cause, the non-observance of the requirements of due process before effecting the dismissal leaves the employer liable for nominal damages. 

The Case 

The employer appeals the decision promulgated on November 24, 2003 1 whereby the Court of Appeals (CA) in CA-G.R. SP No. 7456 1 annulled and set aside the resolution dated February 28, 2001 of the National Labor Relations Commission (NLRC) in Cebu City dismissing the complaint for illegal dismissal 2 and declared respondent Josafat Gutang to have been illegally dismissed....