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Closing Arguments

The document summarizes closing arguments made on behalf of a complainant who was illegally dismissed from their job without due process. It argues that the respondent failed to prove the complainant abandoned their work and did not provide proper notice of termination. It asks the honorable office for leniency considering the complainant's situation and appeals to labor laws that aim to protect employees.

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Eubs Cape-on
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99 views2 pages

Closing Arguments

The document summarizes closing arguments made on behalf of a complainant who was illegally dismissed from their job without due process. It argues that the respondent failed to prove the complainant abandoned their work and did not provide proper notice of termination. It asks the honorable office for leniency considering the complainant's situation and appeals to labor laws that aim to protect employees.

Uploaded by

Eubs Cape-on
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CLOSING ARGUMENTS

TO SUMMARIZE OUR WHOLE ARGUMENTS:


1. THE COMPLAINANT WAS ILLEGALLY DISMISSED
- Based on our discussion, the respondent failed to afford due process to the complainant
- As to the Substantive Due Process, the respondent has no legal basis to support its dismissal of
the complainant
- As to the Procedural Due Process, the respondent failed to observe the twin notice rule, to wit:
1) a notice apprising the complainant of a particular act or omission in violation of company
policy which constitutes a legal ground for termination and an opportunity for the complainant
to defend herself, and 2) a notice informing the complainant of the respondents decision to
terminate her
a. The theory of ABANDONMENT
- As was exhaustively discussed, the respondent has the onus probandi of proving that the
complainant refused or failed to return for work without valid or justifiable reason, and the
intent of the complainant to abandon her work as manifested by overt acts and intent to severe
employer-employee relationship
- Moreover, as required by law, in case of abandonment, the respondent is still duty bound to
give notice of termination to the complaint sent through registered mail to her last know
Naddress
- There can be no mistake here the only logical conclusion is that the complainant was illegally
dismissed without the benefit of due process.
- As repeatedly stressed by the Supreme Court in litany of cases, DUE PROCESS IS ONE WHICH
HEARS FIRST BEFORE IT CONDEMNS

2. AN APPEAL FOR LENIENCY
- The complainant appeals for leniency of this honourable office
- The Labor Code, as a social legislation, was enacted to at least place the employees at equal
footing with the employers who most of the times are at the mercy of their employers.
- We are aware that this honourable office always open its eyes on the plight of the lowly workers
who are compelled to accept terms of employment less that the labor standards in hope to get a
living especially in this age of unemployment.
- This the labor code sought to redress this situation. Hence, the employees are not stopped from
claiming later on salary differentials and other monetary benefits.
- Most importantly your honors, as enunciated in Arts 3 and 4 of the Labor Code, in case of
doubts, the same must be resolved in favour of the laborer
- If the evidence submitted by both parties are equally strong, the most favoured doctrine shall
be applied. Hence, we are invoking the equipoise doctrine

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