Towards labor justice: A comprehensive review on Agabonvs NLRC and the various Supreme Court doctrines in granting remedies for illegal termination

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ID: 285259
2015
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Abstract
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.
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Authors Ortiz, Paolo Lorenzo M.
Journal Malay Journal
Year 2015
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etd_bachelors/14975
Keywords Keywords not found

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