Immorality – Having Illicit Affair with Another Married EmployeeAtty Elvin
Immorality consisting of having illicit relationship with another married employee can be ground for dismissal. In previous post the sample Notice to Explain for this offense was shared.
This is the sample final decision. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 152-154).
Form No. 86 Decision to Dismiss (Final Notice) – Having an affair with a married co-employee while being married
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Having an affair with a married co-employee while being married
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-teacher), who is the husband/wife of _____________ (name of co-teacher) 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-teacher purportedly showing that a romantic affair exists.
Moreover, the school security guard, ______________ (name of guard), and co-teachers, __________ and ______________ (names of co-teachers), submitted sworn statements describing instances when both of you were seen in school together, performing acts of affection.
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 acts of immorality such as unlawful relationships between employees, where at least one party is married to another.
A violation of the said provision in the school’s Code of Conduct 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 harmful to the development of students. Immorality is a course of conduct which offends the morals of the community and is a bad example to the students whose ideals a teacher is supposed to elevate.
As a teacher, you serve as an example to your students and must avoid all acts of impropriety and immorality and other acts which create a suspicion of immorality.
Your extra-marital affair with another married co-teacher constitutes serious misconduct which is a ground for dismissal from employment under Art. 297 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)