Additional Charges in the Notice of Termination Require New NTE
The additional grounds cited in the notice of termination which were not mentioned in the NTE issued to the employee violated the right to be informed of the administrative charges against her. The NTE and the notice of termination did not state the specific acts that constituted breach of company policies resulting in loss of trust and confidence and the specific company policies that were violated.
As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity to be heard. (See page 53, Guide to Valid Dismissal of Employees, 2nd Edition citing Maneja vs. NLRC and Manila Midtown Hotel, G.R. 124013, June 5, 1998.)
Procedural due process requires that the employee be given a notice of the charge against him, an ample opportunity to be heard, and a notice of termination. (Sang-an vs. Equator Knights Detective and Security Agency, Inc., G.R. No. 173189, February 13, 2013.)
In the case of King of Kings Transport, Inc. vs. Mamac, (G.R. No. 166208, 29 June 2007), it was held that:
I. For termination of employment based on just causes as defined in Article 282 of the Code, the requirement of two written notices served on the employee shall observe the following:
(A) The first written notice should contain:
- The specific causes or grounds for termination;
- Detailed narration of the facts and circumstances that will serve as basis for the charge against the employee. A general description of the charge will not suffice;
- The company rule, if any, that is violated and/or the ground under Art. 282 [now Art. 297] that is being charged against the employee; and
- A directive that the employee is given opportunity to submit a written explanation within a reasonable period.
In the March 2019 case of Pardillo vs. Dr. Bandojo (G.R. No. 224854, March 27, 2019) [Read the Digest here], the SC held that the records show that in a NTE Pardillo was made to explain her alleged tardiness. Pardillo replied in a letter apologizing for her tardiness. However, in the notice of termination Dr. Bandojo indicated the following grounds for Pardillo’s dismissal:
“1. Loss of trust and confidence
- Habitual tardiness
- Texting insulting words to me, your employer
- Uttering offensive words against me, your employer
- Texting me, threatening to kill me or any of my family”
Acquire Mastery of HR/Labor Rules, Doctrines and Principles; Avail of the discounted HR Bundle Books by Atty. Villanueva
The inclusion of the new allegations in the notice of termination was not sufficiently explained by Dr. Bandojo. The notice does not also state the alleged acts purportedly committed by Pardillo which resulted in loss of trust and confidence.
Pardillo was not served with any NTE so that she could proffer her defense with regard to the new allegations. Dr. Bandojo also did not expound on the allegations regarding the insults and threats to her life and her family, in the pleadings that she filed before the labor tribunals and the courts. To the mind of the Court, these circumstances cast serious doubt on the veracity of Dr. Bandojo’s contentions in the notice of termination.
Guide to Valid Dismissal of Employees, 2nd Edition
The absence of any NTEs on the new allegations (i.e., failure to process PhilHealth claims, attempting to borrow money for personal use, and allowing the release of patients with unpaid hospital bills without any promissory note, uttering offensive words and making death threats) can only be described as bemusing.
Dr. Bandojo failed to comply with the requirements of procedural due process. Pardillo was served with an NTE that charged her only with tardiness on two dates. However, the notice of termination charged her with additional and more serious grounds of loss of trust and confidence, habitual tardiness, texting insulting words and uttering offensive words to Dr. Bandojo, and threatening to kill Dr. Bandojo and her family.
The additional grounds cited in the notice of termination which were not mentioned in the NTE violated Pardillo’s right to be informed of the administrative charges against her. The NTE and the notice of termination did not state the specific acts that constituted breach of company policies resulting in loss of trust and confidence and the specific company policies that were violated.
The Court notes that there was an earlier memorandum addressed to Pardillo and other officers requesting them to attend a conference to explain the incident in which Pardillo’s subordinate, Mrs. Natividad Ladaban, was caught punching Pardillo’s time card in the bundy clock. However, this cannot be considered the NTE required under the Labor Code.
In King of Kings Transport, Inc. vs. Mamac, the Court elucidated on the required contents of an NTE. The memorandum did not state the grounds for dismissal or disciplinary action, the specific acts of Pardillo constituting breach of company policy, and the actual company policy violated. The memorandum did not also direct Pardillo to submit a written explanation within a reasonable period of time.
In fact, the conference was scheduled on the very next day. Thus, the said memorandum was not a proper NTE. Moreover, after the conference, Dr. Bandojo did not inform Pardillo of her findings or impose any disciplinary action against Pardillo with regard to the allegations about the time-card incident. It was only on November 18, 2010 that Dr. Bandojo sent the notice of termination which included new allegations.
In fine, Dr. Bandojo failed to comply with the requirements of procedural and substantive due process in effecting the termination of Pardillo’s employment. There was no substantial evidence to prove that she committed serious breaches of company policy resulting in loss of trust and confidence. Moreover, Pardillo was not afforded procedural due process.
Comments (16)
… [Trackback]
[…] Find More Information here to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More here to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More on to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Find More Information here on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Here you can find 4043 more Info to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More Information here to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More on on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Find More on to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Information to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Find More Information here on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Here you can find 73466 additional Information on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Information to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Info on that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
… [Trackback]
[…] Read More Info here to that Topic: lvsbooks.com/failure-to-issue-nte-for-additional-charges-in-the-notice-of-termination-violates-procedural-due-process/ […]
Comments are closed.