FACTS:
Private respondent Mallare had an altercation with a co-employee. The following day, the Operations Manager served them memorandum of suspension and in the afternoon of that same day, Mallare was dismissed from work. Labor Arbiter dismissed Mallare’s petition for unfair labor practice for lack of merit. NLRC reversed the decision and ordered the reinstatement of Mallare with full backwages of one year without qualification and deduction.
ISSUE:
Whether or not an employee dismissed for just cause but without due process be reinstated to work.
RULING:
The basic requirement of due proves is that which hears before it condemns, proceeds upon inquiry and renders judgment only after trial. The dismissal of an employee must be for a just cause and after due process. Petitioner committed an infraction of the second requirement thus it must be imposed a sanction for its failure to give a formal notice and conduct an investigation as required by law before dismissing Mallare from employment. Petitioner must indemnify the dismissed employee which depends on the facts of each case and the gravity of the omission committed by the employer.
Where the private respondent appears to be of violent temper, caused trouble during office hours and even defied his supervisors as they tried to pacify him, he should not be rewarded with re-employment and backwages. The dismissal of the respondent should be maintained.
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