Basics in Writing a Notice to Explain
In determining whether an employee’s dismissal (or any other disciplinary sanctions for that matter) had been legal, the inquiry focuses on whether the dismissal violated his right to substantive and procedural due process. An employee’s right not to be dismissed without just or authorized cause as provided by law, is covered by his right to substantive due process. Compliance with procedure provided in the Labor Code, on the other hand, constitutes the procedural due process right of an employee [See: G.R. No. 200898].
