Notices Required in Employee Dismissal
Notices served on employees are required to dismiss employees. There are two notices needed to be served.
The post below is based on the book Guide to Valid Dismissal of Employees (pp. 61-62):
The first notice prior to dismissal based on just cause is known as the notice to explain or NTE as HR practitioners put it. Some call it show-cause memo or SCM. Others refer to it as show-cause order.
Whatever terminology may be used to call it, the essence is that the notice should apprise the employee charged of the offense and the fact that such offense may be ground for his dismissal. That way, he is given the opportunity to put up an intelligent defense against a possible loss of employment.
The first notice is not intended to inform the employee of his actual dismissal. That point is the subject of the second notice.44 Take note of the two-notice rule. First notice refers to the NTE or SCM, while the second notice pertains to the notice informing the employee that he is dismissed from service.
The law is not satisfied if only the second notice is served. As held by the Supreme Court there is no compliance with the due process requirement of the law if only the second notice is served on the employee informing him that he was thereby terminated from work but there was no earlier notice apprising him of the particular acts or omissions for which his dismissal was sought.
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