Notice of Dismissal for Accessing Pornographic Website During Office Hours
Notice of dismissal for accessing pornographic website is provided to serve as guide on procedural due process involving dismissal of employee.
The post below is based on Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva.
Form No. 55 Decision to Dismiss (Final Notice) – Accessing Pornographic Website During Office Hours
To : JUAN P. ORNITO
Clerk
From : HR
Date : __________________
Subject : DECISION
With regard to the charge against you for accessing pornographic sites in the Internet, the management finds, to wit:
It arose from the report of the Software Audit Team (SWAT), that on __________ from 10:00 a.m. to 11:30 a.m., you accessed the following sites:
1. Big Mama.com
2. Let’splayboy.com
These are porn sites showing naked men and women engaged in sexual activities. These contain compilation of photos and lewd videos that portray sexual acts.
Under Section M5 of our Code of Conduct, accessing these sites using company time, resources and equipment are punishable with dismissal. And if proven, the offense is also dismissible under Article 297 of the Labor Code, as amended.
A notice to explain was sent to you on _____________. You submitted your reply which we received on __________. You explained that you did not intentionally access the sites but your mouse was having trouble prompting you to click pop-up icons.
When these icons were clicked, more pop-ups appeared on your PC each you go online. A hearing / conference was held on _________ at 13th floor, Katakot Building, Ayala Ave., Makati City, at 9:00 a.m. which you attended with your counsel, Atty. Ara N. Kadanaday.
During the hearing, you reiterated the same explanation you wrote in your letter. Your claim that the mouse simply slipped is unbelievable considering that you spent a lot of time on those sites.
The management is convinced, considering all the circumstances, that you intentionally accessed them. In this regard, after careful evaluation of the evidence your explanation and the result of the hearing, there is just cause to dismiss your services under our Code of Conduct and as set forth in Article 297 of the Labor Code, as amended.
Hence, we regret to inform you that your services are hereby being terminated effective immediately from receipt of this notice. You will receive your last accrued salary as soon as you have completed your turnover and processed your exit documents.
TAYLOR SWEEP
Manager, HR
________________________
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