Dishonesty of Project Engineer; Sample Notice to ExplainAtty Elvin
Dishonesty by an employee who has been put in charge of the employer’s money and property amounts to breach of the trust reposed by the employer, and normally leads to loss of confidence in her. Such dishonesty comes within the just and valid causes for the termination of her employment under Article 282 [now Art. 297] of the Labor Code. (Gargoles vs. Del Rosario, G.R. No. 158583, September 10, 2014)
A willful breach cannot be a breach resulting from mere carelessness. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. (See page 183, Guide to Valid Dismissal of Employees, 2nd Edition, citing Easycall Communications Phils., Inc. v. King, G.R. No. 145901, 15 December 2005, Eurotech Hair Systems, Inc. vs. Antonio S. Go, G.R. No. 160913, August 31, 2006 citing Pacific Chartering (Phils.), Inc. v. Farolan, G.R. No. 151370, December 4, 2002, 393 SCRA 454, 466.)
Thus, if a Project Engineer commits dishonesty by including in the payroll the names of three laborers who were absent on the day he can be dismissed for willful breach of trust.
To: MADO GATO
Subject: NOTICE TO EXPLAIN
It appears in the record that for the payroll period November 1-15, 2019, the names of Juan Dela Cruz, Pedro Santos, and Jose Reyes were included in the list that you prepared, signed, and submitted to HR for payment.
Allegedly, they reported for work on ___________, 2019. However, subsequent investigation revealed that said three employees did not report for work on said dates.
Thus, HR included their names in the payroll request for payment with Accounting and the fund was released purportedly for the payment of their wages. It appeared that said employees also denied having asked you to include their names in the payroll list.
Hence, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be taken against you for the above. Likewise, considering that your act constitutes serious and imminent threat on the property of the company, you are hereby being placed on preventive suspension effective immediately.
For your strict compliance.
AYA O. ZAMADIA