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Question XVII

2009 Bar · Labor Law · 1 sub-question

XVII. Alfredo was dismissed by management for serious misconduct. He filed suit for illegal dismissal, alleging that although there may be just cause, he was not afforded due process by management prior to his termination. He demands reinstatement with full backwages. What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. (3%) Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%)

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