591-B Artex vs. NLRC
591-B Artex vs. NLRC
591-B Artex vs. NLRC
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.
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.