guidelines for conducting an administrative hearing

8/10/2019 Guidelines for Conducting an Administrative Hearing

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Guidelines for Conducting an Administrative Hearing

The proceedings must not be done in a manner whereby the employer is prosecutor andjudge at the same time.

This can be done in a hearing where a person who does not personally know theemployee charged with an offense or the accuser-co-employee, stands as the prosecutor.This person should preferably be the legal counsel of the hospital but in his/her absenceany objective person may do, like the employee welfare officer of the HR. The disciplinecommittee should sit as the impartial judge or jury. Their task is to observe withobjectivity the whole proceeding and make an independent judgment. They mayhowever, ask clarificatory uestions.

!fter the hearings, the discipline committee must make a decision taking intoconsideration only the evidence and testimony produced in the hearing, its decision mustnot be influenced by any thing else outside of the hearing. The prosecutor may however,

make recommendations to the disciplining committee as to the penalty to be imposed.

The evidence against the employee must speak for itself and must be enough to make aclear and convincing showing of a just and lawful cause to discipline him/her "there mustbe substantial evidence#.

$. The employee charged should be asked if he has decided to be represented bycounsel or if has decided to waive such right. !fter the hearing the employeecharged should be made to sign the minutes of the hearing. This will at least serveas evidence that the employee has opted not to be represented by counsel.

%. The hearings should start with the reading of the charges against the employee out

loud, narrating the relevant facts.&. The prosecutor will first be given the chance to present all the evidence againstthe employee charged. 'nly evidence pertinent/relevant to the charges containedin the first notice can be presented. (itnesses or the accuser-co-employee may bepresented.

). The employee charged or his counsel must be allowed to e*amine the witnesses oraccuser-co-employee on any relevant matter, and make any comment as to theevidence against him or uestion it.

+. !fter the prosecution has presented all its evidence and witnesses, the employeeor his representative will then present his/her side of the story, first his/herevidence then witnesses.

. The prosecution will be allowed to e*amine the witnesses for the employeecharged and make any comment on the evidence presented.. ach side will then take turns presenting their side until all matters and issues

have been properly threshed out and both sides are satisfied.. The hearings shall be held for such number of days as shall be necessary, where

both sides may present additional witnesses or further evidence as each side mayreuire.


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employment. ven as the law is solicitous of the welfare of employees, it must alsoprotect the rights of an employer to e*ercise what are clearly management prerogatives.!s long as the company>s e*ercise of those rights and prerogative is in good faith toadvance its interest and not for the purpose of defeating or circumventing the rights ofemployees under the laws or valid agreements, such e*ercise will be upheld.

(hile it is true that compassion and human consideration should guide the disposition ofcases involving termination of employment since it affects ones source or means oflivelihood, it should not be overlooked that the benefits accorded to labor do not includecompelling an employer to retain the services of an employee who has been shown to bea gross liability to the employer. The law in protecting the rights of the employeesauthoriBes neither oppression nor self-destruction of the employer.+)3t should be madeclear that when the law tilts the scale of justice in favor of labor, it is but a recognition ofthe inherent economic ineuality between laborand management. The intent is to balancethe scale of justiceA to put the two parties on relatively eual positions. There may becases where the circumstances warrant favoring labor over the interests of management

but never should the scale be so tilted if the result is an injustice to the employer.Justitianemini neganda est"Fustice is to be denied to none#. (Mansion Printing Center andClement Cheng vs. Diosdado Bitara, Jr. G.R. No. 16812, Jan. 2!, 212"
http://www.lawphil.net/judjuris/juri2012/jan2012/gr_168120_2012.html#fnt54http://www.lawphil.net/judjuris/juri2012/jan2012/gr_168120_2012.html#fnt54

guidelines for conducting an administrative hearing

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