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591-B Artex vs. NLRC

The labor arbiter found Artex Dev't Co. guilty of illegally dismissing employee Noriel Gonzales. Artex claimed it did not attend scheduled hearings because it did not receive summons or notice. The NLRC affirmed the labor arbiter's findings. The Supreme Court ruled the labor arbiter's decision was proper because even if Artex was not heard initially, it was given the opportunity to present its case through its motion for reconsideration and appeal, so its right to due process was not violated.

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Eloise Coleen Sulla Perez
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95 views1 page

591-B Artex vs. NLRC

The labor arbiter found Artex Dev't Co. guilty of illegally dismissing employee Noriel Gonzales. Artex claimed it did not attend scheduled hearings because it did not receive summons or notice. The NLRC affirmed the labor arbiter's findings. The Supreme Court ruled the labor arbiter's decision was proper because even if Artex was not heard initially, it was given the opportunity to present its case through its motion for reconsideration and appeal, so its right to due process was not violated.

Uploaded by

Eloise Coleen Sulla Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PASTOR

Case No. 591-B


Issuance of FAN and Letter of Demand
Artex Development Co., Inc. vs. NLRC, 187 SCRA 611, G.R. No. 65045
July 20, 1990

FACTS: The labor arbiter held that petitioner Artex Dev’t Co., was guilty
of illegal dismissal against its employee Noriel Gonzales. The Company,
in its MR, claims that its failure to appear at the scheduled hearings was
due to the fact that it did not receive summons nor any notice of hearing.
The NLRC affirmed the LA’s findings.

ISSUE: Whether or not the decision of the LA was proper?

RULING: YES.
Even if the petitioner was not heard at the stage of mediation and fact-
finding, it may not complain of lack of due process for it was given an
opportunity to present its side of the controversy when its motions for
reconsideration and appeal were given due course. What due process
abhors is not lack of previous notice, but absolute lack of opportunity to
be heard.

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