Immorality as Ground for DismissalAtty Elvin
Immorality is defined as a course of conduct which offends the morals of the community and is a bad example to the youth whose ideals a teacher is supposed to foster and elevate. Thus, the gravity and seriousness of the charges against the teacher stem from his being a married man and at the same time a teacher. Therefore, when a teacher engages in extramarital relationship, especially when the parties are both married, such behavior amounts to immorality, justifying his termination from employment. (Santos, Jr. vs. NLRC, G.R. No. 115795, March 6, 1998; Guide to Valid Dismissal of Employees Second Edition)
Even if the immoral act is committed after office hours it is a ground for dismissal and was held to be work-related matter considering that the peace of the company is thereby affected. (Navarro III vs. Damasco, G.R. No. 101875, July 14, 1995;Guide to Valid Dismissal of Employees Second Edition)
The sample Notice to Explain for Immorality shown below is based on the book Human Resource Forms, Notices & Contracts Volume 2.
Form No. 83 Notice to Explain (First Notice) – Having an affair with a married co-employee while being single
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Having an affair with a married co-employee while being single
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 coemployee purportedly showing that a romantic affair exists. (See attached document)
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.
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