Hearing or Conference Archives - LVS Rich Publishing

18 Mar

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 [...]

18 Mar

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 [...]

By Atty Elvin Labor Law administrative conference, administrative hearing, atty. elvin, dismissal, due process, employee, employer, hearing / conference, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process 13 Comments Read more...

19 Nov

Hearing or Conference in Administrative Proceeding Inside the Company as Viewed in the case of Perez vs. PT&T

Hearing or conference is one of the procedural due process requirements in certain cases. The Labor Code mandates that the employee to be dismissed for just cause should be given ample opportunity to be heard. Otherwise, the employer shall be held liable for indemnity in the form of nominal damages. The amount for this indemnity at present is PhP30,000.00. Article 292(b) of the Labor Code provides that, in cases of termination for a just cause, an employee must be given “ample [...]

By Atty Elvin Labor Law Hearing or Conference 16 Comments Read more...

30 Sep

Notice of Administrative Hearing or Conference: Rationale Behind the Requirement; Sample Notice

Notice of Administrative Hearing or Conference is part of the procedural due process in employee dismissal. As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity to be heard. (Page 55, Guide to Valid Dismissal of Employees, 2nd Edition, citing See Maneja vs. NLRC [...]

By Atty Elvin Labor Law Hearing or Conference, Sample Notice of Hearing or Conference 15 Comments Read more...

01 Aug

Administrative Hearing Or Conference In Employee Dismissal

Administrative hearing or conference, as a general rule, should be held to accord employee to be dismissed the procedural due process required to defend himself. Every employee enjoys security of tenure. For non-regular employees this is limited though. These employees are fixed-term, casual, project, seasonal, and probationary. The reason the tenure is limited is that the termination of their employment is governed by the term of the contract, nature of temporary engagement, completion of the project or end of season. However, [...]

By Atty Elvin Labor Law, Sample Forms Hearing or Conference, Sample Notice of Hearing or Conference 9 Comments Read more...

19 Apr

Sample Questions Guide on Administrative Conference for Gross and Habitual Neglect of Duty

Sample questions are provided below to help practitioners in conducting administrative conference involving employee being charged of an offense. In this sample scenario the employee is being charged with gross and habitual neglect of duties. To learn the principles on employee discipline, it is best to have a copy of Atty. Elvin B. Villanueva’s Guide to Valid Dismissal of Employees Second Edition. Likewise, learn how to craft and formulate your company policies for purposes of discipline in a book How to [...]

By Atty Elvin Labor Law, Sample Forms Hearing or Conference 18 Comments Read more...

01 Sep

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for managerial employees to be dismissed. Yolando T. Bravo vs. Urios College (Now Father Saturnino Urios University) and/or Fr. John Christian U. Young G.R. No. 198066, June 7, 2017 Facts: Yolando Bravo was employed as a part-time teacher in 1988 by Urios College. In addition to his duties as a part-time teacher, Bravo was designated as the school’s [...]

By Atty Elvin Labor Law backwages, Hearing or Conference, separation pay, Serious Misconduct, willful breach 14 Comments Read more...

28 Jun

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 certain [...]

By Atty Elvin Labor Law Admission, Hearing or Conference 16 Comments Read more...

27 Jun

Hearing or Conference, in certain situations, can be Dispensed with

Hearing or conference may not be necessary in cases where the employee admits the offense. Thus, there are instances that are exceptions to the requirement of holding a hearing or conference. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 75-77) In the following instances, the Court emphasized the importance of due process: 1. When dismissal is already apparent before due process was accorded. 2. Suspicion cannot be made as basis for dismissal. Factual findings, carefully [...]

By Atty Elvin Labor Law Hearing or Conference 8 Comments Read more...

27 Jun

Hearing or Conference is not a Trial Court Proceeding and still Valid Despite Absence of Trial Technicalities

Hearing or conference in termination cases need not be conducted in a trial type manner. It is sufficient that the employee to be dismissed is given an ample opportunity to be heard. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. In a regular trial court procedure, the parties present evidence in the manner provided by the Rules of Court, except in certain instances where these requirements are not mandatory. The parties are subjected [...]

By Atty Elvin Labor Law Hearing or Conference 20 Comments Read more...

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