Due process

Dear Atty. Kathy,

Company A issued me a show cause notice, asking me to explain within 24 hours why I should not be dismissed for serious misconduct. Because my explanation involved many documents and I still had to work, I was only able to submit my explanation 7 days after I received the show cause notice. Company A then scheduled the administrative hearing around 2 weeks after they received my explanation, which I was able to attend. Then, after around 6 weeks from the administrative hearing, I received the notice of my dismissal. Do I have grounds to complain to DoLE that Company A did not comply with due process requirements because in the show cause notice I was only given 24 hours to explain?

Nicole

***

Dear Nicole,

In terminating the services of employees, the first written notice, or the show cause notice, should contain a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” is construed as a period of at least five calendar days from receipt of the show cause.

It appears you were given 24 hours only to submit your explanation, but you were able to submit the written explanation seven days after you received the show cause notice. It also appears that despite the belated submission of your explanation, the Company still received it, and even scheduled an administrative hearing, in which you were able to participate. Further, the administrative investigation took about more than two months, where you received the dismissal notice around six weeks after the administrative hearing.

Based solely on the above, the show cause notice is substantially compliant with the requirement of procedural due process, particularly with regard to the reasonable period for you to submit your written explanation. Thus, you may not have grounds to complain about the 24 hours given to you to submit your explanation.

(Citibank Savings, Inc., et al. versus Brenda L. Rogan, G.R. No. 220903, 29 March 2023)

Atty. Kathy Larios