Concern:
I would like to file a case for illegal dismissal.

∇ Legal Contemplator

Starting with the basics, the concept of illegal dismissal arises under Philippine labor laws when an employee's termination does not comply with the substantive or procedural due process outlined in the Labor Code and jurisprudence. Substantive due process refers to the just or authorized cause for dismissal, while procedural due process concerns the manner in which dismissal is carried out. Both need to be satisfied to ensure legality.

Okay, so we know what illegal dismissal is. But let’s take this step by step. What do we know about the procedural and substantive requirements?

First question: What are the just or authorized causes for dismissal?
The Labor Code specifies grounds for termination. These include, but are not limited to:

Serious misconduct
Willful disobedience of lawful orders
Gross and habitual neglect of duties
Fraud or breach of trust
Commission of a crime against the employer, their family, or representatives

Additionally, there are authorized causes like redundancy, retrenchment, closure of business, or illness. Right now, I don’t know what specific grounds the employer might claim as the reason for dismissal. This makes it challenging to analyze whether the cause is justified.

Should I already assume that there’s no valid cause? No, that would be premature. What if the employer does have a valid reason but failed in the procedural aspect?

Second question: What about procedural due process?
Philippine labor law requires a two-notice rule:

A first notice informing the employee of the charges or reasons for dismissal and allowing them a chance to respond.
A second notice formally terminating the employment, specifying the reason for dismissal.

Skipping either of these steps could render the dismissal procedurally defective, even if the grounds are substantively valid. This brings up another layer of thought:

Did the employer comply with this procedure?

I wonder: how can an employee assess whether these procedural steps were followed? Should I ask whether there was a documented exchange between the employee and employer about the alleged offense or reason for termination? What about the timing of the notices? These factors might give clues about compliance with due process.

Third question: What are the remedies for illegal dismissal?
If the dismissal is found illegal, the employee could be entitled to:

Reinstatement without loss of seniority rights.
Full back wages from the time of dismissal up to the time of reinstatement.
If reinstatement isn’t viable, separation pay in lieu of reinstatement may be awarded.

Okay, these are the possible remedies. But wait—how do you even prove illegal dismissal? What evidence does the employee need to present?

Fourth question: What’s the burden of proof?
Interestingly, in cases of illegal dismissal, the burden of proof initially lies with the employer. The employer must prove that the dismissal was for a just or authorized cause and that due process was observed. However, the employee still has to establish that there was a dismissal in the first place.

Hold on—what constitutes a dismissal? It’s not always clear-cut. A termination letter is an obvious sign, but what about constructive dismissal?

Fifth question: Could this be a case of constructive dismissal?
Constructive dismissal occurs when an employer creates conditions so intolerable that an employee has no choice but to resign. Examples include:

Reduction of salary without valid reason
Demotion without cause
Harassment or discrimination
Unreasonable changes in work assignments or conditions

It’s worth considering whether this case involves outright termination or circumstances amounting to constructive dismissal. This distinction might affect how the employee frames their case.

Next step: Filing a case with the NLRC (National Labor Relations Commission)
Assuming the employee decides to pursue legal action, the NLRC is the proper venue. The first step is filing a complaint with the NLRC Regional Arbitration Branch where the employee resides or works.

What should be included in the complaint? Let’s list it out:

Details of employment (position, salary, duration of employment)
Circumstances of dismissal (date, method, reasons cited by the employer)
Allegations of lack of just cause or procedural violations
Desired relief (reinstatement, back wages, damages, etc.)

There’s also a timeframe to consider. How much time does the employee have to file the case?

Sixth question: What’s the prescriptive period for filing illegal dismissal?
Under the Labor Code, the employee has four years from the time of dismissal to file a case. This is a relatively generous period compared to some other claims, but waiting too long might make it harder to gather evidence and witnesses.

Uncertainties and Final Thoughts
Right now, my biggest doubts are about the specifics of the dismissal.

Was there a valid cause?
Were proper procedures followed?
Does this involve constructive dismissal instead of direct termination?

Each of these uncertainties requires more information to resolve. I would suggest the employee gather all relevant documents (e.g., termination letter, employment contract, emails) and recall specific details about the dismissal process.

It’s also important to consider whether the employee is open to settling the matter through mediation before proceeding to formal litigation. The NLRC often encourages amicable settlement as a first step.

Final Answer:
To pursue a case of illegal dismissal in the Philippines:

Determine whether the dismissal lacked just cause, failed procedural due process, or constitutes constructive dismissal.
Collect evidence such as termination letters, contracts, and communications with the employer.
File a complaint with the NLRC Regional Arbitration Branch within four years of dismissal.
Be prepared to engage in mediation and potentially present the case before a labor arbiter.

Remember that seeking the guidance of a labor law attorney can significantly strengthen your case and ensure proper representation.