Dear PAO,

Employee M was terminated but was ordered reinstated by the National Labor Relations Commission (NLRC) because he was able to prove that he did not commit any gross or habitual neglect of duty. Now, employee R was recently terminated by his employer because of habitual neglect of duty. He admits that there was really negligence on his part, but his private company allegedly did not give him the opportunity to explain. He was just notified that he was investigated and was thereafter terminated. Is it possible for R to be reinstated as well due to the lapse of his private employer in giving him an opportunity to explain his side?