Notice of Dismissal for Stealing Co-Employee’s Cellular PhoneAtty Elvin
Notice of dismissal is the final notice necessary to fully satisfy the procedural due process requirements in employee dismissal.
The post below is a sample notice of dismissal based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva.
To : FON STILLER
From : HR
Date : _____________________
Subject : DECISION
Acting on a complaint from Ms. Moby L. Ladik regarding the loss of her iphone model CN444556, the management conducted an investigation. A charge of theft of co-employee’s property was leveled against you.
On __________, a notice to explain was sent to you which you received on _________. You submitted your answer dated _________. You explained that you did not take the phone of Ms. Ladik.
While the CCTV shows that you took hold of it, you just looked at it as it was the latest model and immediately put it back. You also informed Mr. Jack Kalinisan, the janitor that a phone was left on the table after the meeting.
We held a hearing/conference on ______ which you attended together with your counsel, Atty. Barry B. Irada. During the administrative hearing, you maintained your position that you did not take the phone.
In fact, you informed the janitor that a phone was left on the table. However, you were not able to sufficiently explain the CCTV showing that after you grabbed the phone, nothing was left on the table. This is contrary to your claim that you just looked at it and placed it back thereafter.
Your only defense to this is that the footage might have some error because of the movement on the screen at that portion of the video. At any rate, the CCTV corroborates the statement of Ms. Ladik that she heard her phone ringing in your bag as you were entering the elevator.
Also, Mr. Kalinisan denied that you informed him about the phone. Considering substantial evidence on this case and after careful assessment and evaluation of the facts, documents and testimonies, the management found just cause to impose sanction against you. Theft of co-employee’s property is an offense punishable with dismissal under Section R5 of our Code of Conduct and Article 297 of the Labor Code, as amended.
Thus, we regret to inform you that your services are hereby being terminated effective immediately upon receipt of this notice.
JOAN MELANE MARQUEZ