Agabon vs NLRC

Facts:

Virgilio and Jenny Agabon were cornice installers of Riviera Home Improvements, a company engaged in thebusiness of selling ornamental construction materials.They were employed from January 2, 1992 until February 23, 1999, when they were dismissed for abandonmentof work.The Agabons filed a complaint for illegal dismissal before the LA, who ruled in their favor. The NLRC reversed on appeal.The CA sustained the NLRC’s decision. The Agabons further appealed to the SC, disputing the finding of abandonment, and claiming that the company did notcomply with the twin requirements of notice and hearing.

Issue:

WON the Agabons were illegally dismissed

Held:

NO. SC upheld the finding of abandonment, because the act of the Agabons in seeking employment elsewhere clearly showed a deliberate intent to severe the ER-EE relationship. Procedural due process (for just cause, there must be a written notice informing him of grounds for termination, a hearing or opportunity to be heard, and a final notice of termination stating the grounds therefore): There was no due process because ER did not send the requisite notices to the last known address of the EEs. ER only gave a flimsy excuse that the notice would be useless because the EEs no longer lived there. This is not a valid excuse, they should have still sent a notice as mandated by law. For not sending the requisite notices, the ER should be held liable for non-compliance with the procedural requirements of due process.