Immorality as Ground for Dismissal – Notice of Dismissal
Immorality can be ground for dismissal. Employees who knowingly maintain sexual relationship with another who is married may be liable for this offense.
The post below is based on the post Human Resource Forms, Notices and Contracts.
Form No. 84 Decision to Dismiss (Final Notice) – Having an affair with a married co-employee while being single
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Having an affair with a married co-employee while being single
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 _____________, ________________ (name of spouse of co-employee), who is the husband/wife of _____________ (name of co-employee) submitted a written complaint against you for having an affair with his/her spouse.
He/She cites specific instances when you and her/his spouse were seen together holding hands, kissing and embracing. The same complainant also provided a transcript of various text messages between you and your co-employee purportedly showing that a romantic affair exists.
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 unlawful relationships between employees, where at least one party is married to another.
A violation of the said provision may constitute serious misconduct which is one of the just causes for termination of employment under Art. 282 of the Labor Code. After a thorough review and discussion on the matter, we find that your conduct of having an affair with a married co-employee while you are single, is serious, inappropriate, and prejudicial to the business of the company.
It constitutes serious misconduct which is a ground for dismissal from employment under Art. 282 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)
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