Formal Hearing which is Adversarial in Nature is not Applicable in Employee Dismissal Cases

Formal Hearing which is Adversarial in Nature is not Applicable in Employee Dismissal Cases

While hearing or conference is required to be held when specifically requested in writing by the employee or when so provided in the company policy, it is not intended to be in a formal type of proceeding.

In the case of Nuez vs. NLRC the Supreme Court held that what the law requires is for the employer to inform the employee of the specific charges against him and to hear his side or defenses. This does not however mean a full adversarial proceeding.

Litigants may be heard thru: (1) pleadings, written explanations, position papers, memorandum; (2) oral arguments.

In both instances, the employer plays an active role — he must provide the employee the opportunity to present his side and answer the charges, in substantial compliance with due process. Actual adversarial proceeding becomes necessary only for clarification or when there is a need to propound searching questions to unclear witnesses.

This is a procedural right which the employee must, however, ask for it is not an inherent right, and summary proceedings may be conducted. This is to correct the common but mistaken perception that

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procedural due process entails lengthy oral arguments.

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Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements

Hearing in administrative proceedings and before quasi-judicial agencies are neither oratorical contests nor debating skirmishes where cross-examination skills are displayed.

Non-verbal devices such as written explanations, affidavits, position papers or other pleadings can establish just as clearly and concisely aggrieved parties’ predicament or defense. What is essential is ample opportunity to be heard, meaning, every kind of assistance that management must accord the employee to prepare adequately for his defense.

Actual adversarial proceeding becomes necessary only for clarification or when there is a need to propound searching questions to unclear witnesses. This is a procedural right which the employee must, however, ask for it is not an inherent right, and summary proceedings may be conducted. This is to correct the common but mistaken perception that procedural due process entails lengthy oral arguments.

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