During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

It is better if before the hearing, the employee should be apprised in writing of the conference stating the time, date, place and the fact that he could bring along his counsel or support person if he so desires.

What if despite such notice the employee refused or did not attend the hearing/conference? Does that mean failure to accord hearing?

No, since the employee was already given an opportunity to such hearing/conference by sending an invitation to him. If he refused to participate despite due notice, that is not the fault of the employer. It

is best practice for employers to have an attendance sheet or record of such meeting showing the persons who are supposed to attend with their signature beside their name.

It would appear that in such attendance record the space corresponding the name of the employee who failed or refused to participate despite due notice would bear no signature. This can be used as evidence to prove that ample opportunity was given to the worker. It is not required that an actual hearing should occur as long as ample opportunity was given.

The essence of due process is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one’s side or an opportunity to seek reconsideration of the action or ruling complained of.

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

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 to direct, cross, re-direct and re-cross examinations. The technical rules of evidence apply in regular procedure but not strictly in labor cases, subject to certain exceptions.

All the more that such kind of court jostle does not govern the hearing or conference initiated by the employer for the dismissal of the employee.

Notice and hearing in termination cases do not connote full adversarial proceedings as elucidated in numerous cases decided by the court. The essence of due process is simply an opportunity to be heard, or as applied to administrative proceedings, an opportunity to explain one’s side.

In the case of IBM Philippines, Inc. vs. NLRC, the Court held that ample opportunity means every kind of assistance that management must accord to the employee to enable him to prepare adequately for his defense.