This case has been cited 3 times or more.
|
2010-12-08 |
DEL CASTILLO, J. |
||||
| The CA cited this Court's ruling in Asuncion v. National Labor Relations Commission[29] citing Ruffy v. National Labor Relations Commission,[30] that ample opportunity would be "every kind of assistance that management must accord to the employee to enable him to prepare for his defense." However, a careful reading of the factual setting of both cases belies their inapplicability to the instant case. In Asuncion, this Court took note of the fact that the two-day period for the petitioner to answer the charges against her was unreasonable considering that she was charged with several infractions (35 absences, 23 half-days and 108 tardiness.[31] On the other hand, in Ruffy, the employee was terminated prior to the investigation.[32] We further held in the latter case that in order to enable the employee to prepare adequately for his defense, he may be provided with a representative.[33] In this case, in addition to the actual confrontation proceeding with Mrs. Mueda, Honrado asked for and was given a formal hearing where he together with his counsel and his union representative had "ample opportunity" to rebut the accusation lodged against him. However, despite said opportunity, other than his general denial, he did not present his counter-statement in the company proceedings. Clearly, Honrado was afforded ample opportunity to air his side and defend himself. Hence, there was no denial of his right to due process. | |||||
|
2007-09-28 |
CHICO-NAZARIO, J. |
||||
| The two-fold requirements of two notices and a hearing decrees that the second notice, which informs the employee of the employer's decision to dismiss him must come after the employee is given a reasonable period from receipt of the first notice within which to answer the charge and ample opportunity to be heard and defend himself with the assistance of his representative if he so desires.[40] This was not so in this case. Petitioner conspicuously failed to show that Salsona was given such reasonable period to answer the charges and to defend himself, as not very long after his submission of his explanation, he was already given a notice of termination. "Ample opportunity" is meant every kind of assistance that management must accord to the employee to enable him to prepare adequately for his defense.[41] | |||||
|
2007-06-29 |
VELASCO, JR., J. |
||||
| (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense.[15] This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees. | |||||