The proper termination of employee must be within the following requirements:

1.) Just and Authorized Cause

No reinstatement
2.) Due Process (Giving a Prior Notice and Right to be Heard and Defend)
Under the law the injured party shall be awarded for damages.
The fact that when the employee filed a complaint against employer he
was afforded the right to an investigation by the labor arbiter.
WhenPhil Serrano
FACTS: FACTS:
Private Respondent filed a Petitioner filed a complaint to the
complaint to the Labor Arbiter in Labor Arbiter in relation to his
relation to his dismissal. dismissal.
The Petitioner averred that the The Private Respuondent averred
Private Respondent dismissed that the Petitioner dismissed
within the clause just and within the clause just and
authorized cause authorized cause
The Private Respondent assailed The Petitioner assailed that he
that he dismissed without Prior dismissed without Prior Notice
Notice and Right to be Heard and and Right to be Heard and
Defend Defend
ISSUE: ISSUE:
WON the Private Respondent shall be WON the Petitioner shall be reinstated
reinstated and paid for backwages and paid for backwages
HELD: HELD:
The SC held that since the dismissal is Since this case is similar to the
within the Just and Authorized Cause, WhenPhil. The SC need to re-examine
the Private Respondent should not be the Whenphil Doctrine. They find that
reinstated. However, the Petitioner monetary sanction is too insignificant
committed on impaction of the 2nd or sometimes too late. They also find
Requirement, thus, the Petitioner must that the employers failure to comply
indemnify the Private Respondent for with the notice requirement does not
damages. And the measure of award constitute a denial of due process but a
depends on the facts of each case and mere failure to observed a procedure
the gravity of the omission committed for the termination of employment
by the employer. which make termination merely
INEFFECTUAL, therefore employee
must be paid backawages from the time
of his employment was terminated until
it is determined that the termination of
employment is for a just cause because
failure to hear him before he is
dismissed renders the termination of
his employment without legal effect.
In this case the private respondent
must indemnify the petitioner for
backwages from the time of termination
of employment up to the final decision
of the SC.