Destruction of Company Property – Final Notice of DismissalAtty Elvin
Destruction of company property may fall under serious misconduct which is ground for disciplinary action.
The sample notice below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva.
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Destruction of company property
Date : (Date of issuance) This refers to our show cause memo on the subject matter dated _______________.
The following incident has been brought to our attention for appropriate action:
On _____________, your immediate superior, _________ (name of manager) reported that the company car assigned to him was damaged while parked within the company premises.
The company car is more particularly described as follows:
It appears from the video footage recorded by the company CCTV that you deliberately scratched the left side of the said vehicle using what appears to be a small shiny metal object.
You then placed a small object underneath the left rear tire of the said vehicle. The said object turned out to be a small nail which became lodge on the left rear tire.
During the scheduled conference on ______________, you were given the opportunity to explain or defend your side on the matter.
(State any detail during the conference that may bolster the belief that a violation was committed) (State other details to substantiate charge, refute statement of employee if applicable, and complete justification for the company’s decision.)
In this connection, we direct your attention to the company manual, particularly section ________ which prohibits deliberate destruction of company property and punishes the same with dismissal.
A violation of the said provision constitutes serious misconduct which is one of the just causes for termination of employment under Art. 297 of the Labor Code.
After a thorough review and discussion on the matter, we find that your responsibility in causing destruction to the company vehicle was willful, malicious and prejudicial to the interests of the company.
It constitutes serious misconduct which is a ground for dismissal from employment under Art. 297 of the Labor Code. In view of the foregoing, you are hereby informed that your employment with the Company is terminated effective on the closing hours of __________ (date).
Please comply with the relevant post-employment requirement of the Company by surrendering your accountabilities to _________________ (department or officer) for the Company to process your final salary.
Very truly yours,
(Name of Immediate superior)