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  • Libel Against a Superior is a Serious Misconduct and Ground for Dismissal of Employee – Sample Notice to Explain

Libel Against a Superior is a Serious Misconduct and Ground for Dismissal of Employee – Sample Notice to Explain

02 Aug

Libel Against a Superior is a Serious Misconduct and Ground for Dismissal of Employee – Sample Notice to Explain

By Labor Law, Sample Forms 22 Comments

Libel committed against an officer of the company is a serious misconduct. It can be ground for dismissal of employees.

In addition, libel if committed through the social media or any Internet-based platforms may constitute cybercrime.

Below is the Sample Notice to Explain for libel against a superior. The post is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (page 52).

Form No. 26 Notice to Explain (First Notice) – Libel against superior

To : BELL LI Clerk

From : HR Date : ___________________

Subject : NOTICE TO EXPLAIN

Your supervisor, Mr. Bal A. Tsi-Buyas, executed a written complaint alleging that on _______ you called him “gago, lalaking pokpok” and “very unprofessional” in your Facebook account.

Under Section M of the company’s Code of Conduct and Article 282 of the Labor Code, as amended, the act is punishable with dismissal, if proven.

In this regard, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be imposed upon you for such conduct.

Failure on your part to submit your written explanation within the prescribed period shall be deemed waiver on your part of due process. Please be guided accordingly.

PARETTO P. AROON
Manager, HR
_______________________________________________

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