Question juridique clé
Whether the employee’s right to be heard was violated because the hospital’s submission of 15 October 2004 was not formally served for comment.
Solution extraite
No. Although formal service should have been made, the employee could not complain afterwards because the document had reached her counsel informally and she failed to react promptly after learning it was on file.
Motifs extraits
A party must assert the right to comment without delay once aware of the filing; here counsel waited until after the judgment was imminent, which was insufficiently diligent.