Tag - administrative hearing

Counsel may Assist the Employee in a Hearing or Conference if the Latter Desires as part of Due Process

If a hearing or conference would be held in an employee dismissal, the employee may request to bring a counsel in such proceeding. This seems to be an optional requirement at the in- stance of the employee. In the dismissal of an employee, a hearing or conference must be held during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence [...]

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 [...]

error: Content is protected !!