Practice question
A first notice describes the facts in detail and gives seven calendar days to answer. The employee timely makes a written request for a hearing. Management refuses solely because it already received the written explanation. Does the explanation automatically excuse the refusal?
- Yes, written explanations always eliminate hearings
- Yes, if the notice used the word final
- No; a written employee request triggers a formal hearing or conference under DO 147-15
- No, because all cases require a court trial
- Yes, if the employer believes its evidence
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, sections 5.1 and 5.3: detailed notices, at least five calendar days, meaningful opportunity, hearing triggers and authorized-cause notice.
- https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, G.R. 158693, November 17, 2004, main decision: substantive just cause distinguished from procedural violation.
- https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html — Jaka Food Processing Corp. v. Pacot, G.R. 151378, March 28, 2005, main decision: established authorized cause does not excuse notice violation.
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