Hearing or Conference Must be Held to Give Employee Ample Opportunity to be Heard
Hearing or conference is one of the requirements of procedural due process in employee dismissal. As a general rule, this should be held to satisfy the statutory requirements. There are exceptions to the holding of the hearing or conference though
The post below is based on the book Guide to Valid Dismissal of Employees Second Edition.
After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.
It is better if before the hearing, the employee should be apprised in writing of the conference stating the time, date, place and the fact that he could bring along his counsel or support person if he so desires.
What if despite such notice the employee refused or did not attend the hearing/conference? Does that mean failure to accord hearing? No, since the employee was already given an opportunity to such hearing/conference by sending an invitation to him. If he refused to participate despite due notice, that is not the fault of the employer. It is best practice for employers to have an attendance sheet or record of such meeting showing the persons who are supposed to attend with their signature beside their name.
It would appear that in such attendance record the space corresponding the name of the employee who failed or refused to participate despite due notice would bear no signature. This can be used as evidence to prove that ample opportunity was given to the worker. It is not required that an actual hearing should occur as long as ample opportunity was given.
The essence of due process is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one’s side or an opportunity to seek reconsideration of the action or ruling complained of.
In the case of IBM Philippines, Inc. vs. NLRC, the Court held that ample opportunity means every kind of assistance that management must accord to the employee to enable him to prepare adequately for his defense.
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