Question juridique clé
Whether refusing to hear the employer’s managing director violated due process or the right to evidence
Solution extraite
No violation: the exclusion of the employer’s own factual organ from party examination was permissible, and the point was not decisive in light of other evidence.
Motifs extraits
The managing director had factual organ status, so his examination would amount to hearing the party itself. In addition, the relevant telephone conversation was not the decisive issue and other evidence already covered the point.