Flashcards Studio

JovianTech Manufacturing employs Kenji Dizon, a five-year worker, who is accused of willful misconduct and loss of trust for allegedly approving a fraudulent vendor invoice totaling PHP 60,000. The supervisor issues a Notice to Explain (NTE) detailing the acts and instructs Kenji to submit a written defense within seven days. Kenji submits his written defense within the period. Thirteen days after the NTE, the company terminates him for willful misconduct and loss of trust, stating there was no need for a formal hearing. No witnesses were presented. The employer contends that due process was satisfied by the NTE and the written defense. Kenji contends that the termination violated Art. XIII, Sec. 3 of the 1987 Constitution (Security of Tenure) because due process requires a hearing. Discuss: (a) Identify the controlling doctrine. (b) Distinguish the controlling rule and the standard of due process in dismissals for just causes. (c) Apply the doctrine to the facts and determine whether Kenji’s dismissal is valid or void, and state the remedy, if any.