Is it possible to terminate an employee with pending case in NLRC due to misconduct and disobedience? He is not doing his job anymore and as per his statement when he was asked why, because he is not interested anymore that's why he will not perform effectively anymore.
Is it possible to terminate him, of course we have to undergo due process. After due process, if he is still not performing, can we end his employment despite of the pending case in NLRC?
By the way, his pending case/issue is allegedly demotion without due process and constructive dismissal. Where in fact, we have removed his position as supervisor and transfer him as staff. Before we did the transfer, we did a thorough process and evaluation.
Thank you very much.