Sample Notice of Dismissal for Libel Against the Company
Sample Notice of dismissal is the final step in procedural requirements for employee dismissal. In this fictional incident, Richard Golez is being charged with libel against the company and was already issued Notice to Explain and Notice of Hearing/Conference.
This is the final notice, the last part of the two-notice rule and the final stage of the twin requirements of notice and hearing.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume Two (pp. 61-63).
Form No. 33 Decision to Dismiss (Final Notice) – Libel Against the Company
To : RICHARD GOLEZ
Clerk
From : HR
Date : _____________________
Subject : DECISION
The Information Technology Department (IT) was able to retrieve, identified and verified a post from your Facebook account stating the following against the company:
“Ang kumpanya namin ay walang pakialam sa mga hinaing ng empleyado. Ang mga opisyales ay manhid at puro sarili ang iniisip. ‘Wag kayong mag-apply sa XYZ Company dahil ito ay walang kwentang employer.”
On ________, a notice was sent to you requiring explanation on said statements. You were able to send a timely reply which we received on _________. You state in said letter that it was not your Facebook account.
While the account carries a similar name to yours, you have never created the account and had not posted the statements. We scheduled a hearing/conference on this case last ___________ which per our record you also attended together with your counsel Atty. Giera Guerrero.
During the hearing, you maintained your defense that you do not have such Facebook account and you never created it. However, your co-workers were able to identify the account as yours as shown by your previous conversation with them.
Two (2) of your co-employees have executed an affidavit to this effect. That fact is confirmed as well by the highly specific reference to the company (XYZ). If your claim that it may be the account of another person is true, why is it that such person can correctly state the name of this company?
You are the only employee with such name inside the company. Under Section 3H of our Code of Conduct, sending out scathing, libelous and harmful statements against the company is punishable with dismissal. It is also a ground for dismissal of employee under Article 282 of the Labor Code, as amended.
After careful evaluation of the evidence and records of this case, the management finds substantial evidence that you are indeed guilty of said offense.
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 effective immediately from receipt of this notice.
PARETTO P. AROON
Manager, HR
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