Is there any case law in which an employer has been found not to deny an employee's right to delay or deny them a hearing?

* Likewise unavailing is the statement in Matter of Sirles v. Cordary, 49 A.D.2d 330, 332, 374 N.Y.S.2d 793, affd. 40 N.Y.2d 950, 390 N.Y.S.2d 413, 358 N.E.2d 1038, which petitioner urges upon us, concerning the right of an employee discharged without a hearing to delay until such time as he has demanded and been refused reinstatement. In Sirles, although the employee's collective bargaining agreement contained a hearing provision, it was determined as a matter of public policy that his employer would not be subjected to this provision. As we have noted, the statement in Sirles concerning the timeliness of the employee's petition generally is correct only as to a case in which the employee was entitled to a hearing.