Destruction of Company Property – Notice to ExplainAtty Elvin
Destruction of company property may subject the employee to disciplinary action.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 173-174) by Atty. Villanueva.
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Destruction of company property
Date : (Date of issuance of Notice)
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.
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.
In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of dismissal for the acts mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall be accorded the opportunity to express your side on the matter.
You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
(Name and signature of authorized signatory)