Tag - Admission

Admission by Silence in Labor Case

Admission by silence can be taken against the one who slept on the right to speak against the declaration. Thus, when an illegal dismissal case is filed against the company, but the company denies having dismissed the employee, should the company first prove that there was no illegal dismissal in this case? The rule is that “in illegal dismissal cases, the burden of proof is on the employer in proving the validity of dismissal. However, the fact of dismissal, if [...]

Admission of the Offense Being Charged may be a Reason to Dispense Actual Hearing

Admission operates against the person declaring such statements. While as a general rule a hearing or conference is required in employee dismissal if the worker admits having committed an offense it can stand as an exception to this rule. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 77-79). Although the law and jurisprudence have been very emphatic in mandating the observance of hearing as part of the due process requirement, there are [...]

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