Practice question
Before a proposed just-cause dismissal, the employee submits a timely written request for a formal hearing to address disputed evidence. The employer refuses solely because it believes written notices always make a hearing unnecessary. Which response follows DO 147-15 section 5.1?
- Written notices eliminate a hearing in every case
- A formal hearing or conference becomes mandatory in the stated circumstances; the employer cannot rely on a universal no-hearing rule
- Every disciplinary case requires a full judicial trial with a judge
- The employee must first resign before requesting a hearing
- The employer may decide guilt solely from the hearing request
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A sections 1 and 5.1–5.2, disciplinary causes and procedural requirements under current Article 297.
- https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, GR 158693, November 17, 2004, main decision; valid cause and separate liability for procedural noncompliance.
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