Dear Atty. Kathy,

I am a restaurant owner and one of my cashier staff was caught stealing the amount of P5,000 from our vault. I issued a Notice to Explain where he was made to explain what happened, in his reply, he admitted to his fault. After this, I decided to issue a Dismissal Memo. I learned that he is planning to file a labor case against me for not giving him the opportunity to explain his side in person. However, this was never requested and was just his afterthought. Is he correct that I should have spoken with him first before I terminated his employment?

Peaches

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Dear Peaches,

Procedural due process requires that, before an employee may be dismissed, the employer must observe the twin requirements of notice and hearing. Thus, the employer must furnish the employee with two written notices: (1) the first one apprising the employee of the charges against him; and (2) the second one informing the employee of the decision to dismiss him. In addition, the employer must afford the employee the opportunity to be heard. (Digal v. United Philippine Lines Inc., G.R. No. 237226 (11 June 2018).

In this case, it was shown that prior to his dismissal, he received the two-written notices where he had been afforded the opportunity to explain his side and he already made a direct admission of his fault. Thus, you were correct to already proceed with the issuance of dismissal by reason of just cause; particularly due to legal grounds on serious misconduct, dishonesty, and fraud — without the need of conducting a separate administrative hearing.

In the case of Autobus Workers’ Union v. NLRC, G.R. No 117453 (26 June 1998), the Supreme Court rules that, “there is no violation of due process even if no hearing was conducted, when the party is given a chance to explain his side of the controversy. What is frowned upon is the denial of the opportunity to be heard.”

Notably, due process in administrative proceedings does not always require a trial-type hearing. The opportunity to be heard can already be satisfied through the Reply submitted after being furnished by a Notice containing the charges against the employee.

Under the law, a clear and voluntary admission made in an employee’s reply can dispense with the need for an administrative hearing on the admitted facts, as these facts are considered no longer in dispute. The admission made is conclusive and binds him.

Atty. Kathy Larios