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    Closing Arguments

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    Eubs Cape-on
    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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    Closing Arguments

    Uploaded by

    Eubs Cape-on
    55 views2 pages
    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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    Labor Proceedings

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views2 pages

    Closing Arguments

    Uploaded by

    Eubs Cape-on
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 2

    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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