Libel Against a Superior is Serious Misconduct – Sample Notice of Dismissal
Libel is a serious misconduct which if committed against a superior may be ground for dismissal of employee.
The post below is the second of the two-notice rule and the final step in twin requirements of notice and hearing to comply with the procedural due process.
The sample form is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin.
Form No. 28 Decision to Dismiss (Final Notice) – Libel Against Superior
To : BELL LI Clerk
From : HR
Date : ___________________
Subject : NOTICE OF DECISION
This is a case of disrespect of superior, Mr. Bal A. TsiBuyas, for calling him “gago, lalaking pokpok” and “very unprofessional.” A notice to explain was sent to you on ___________.
We received a copy of your written explanation on ____________. You explained that Mr. Buyas got mad at you and called you irresponsible.
You mentioned that he is not a good supervisor because he even fails to motivate you to work harder. On his part, Mr. Buyas presented the affidavit of two (2) other officemates who read the remarks stated above.
You failed to refute or controvert said affidavits. In fact, you admitted said act during the hearing/ conference on __________ at 19th floor, 349 Kalangitan Building, Ayala Avenue, Makati City. You and your counsel, Atty. Maddy Pensa participated in the conference.
During the hearing, you reiterated what you mentioned in your written explanation. After evaluating the evidence and records of this case, the management finds substantial evidence that you are indeed guilty of said offense.
This is not the first time Forms on Employee Dismissal that you said something disrespectful on a co-employee.
In the past, your attention was called for saying bad language to other co-workers (memo dated ________ and ________). Thus, we regret to inform you that based on the evidence submitted, the charges against you are proven and your services are hereby being terminated based thereon effective immediately from receipt of this notice.
PARETTO P. AROON
Manager, HR
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