Sample Notice of Decision – Fighting Inside Company PremisesAtty Elvin
Sample Notice of Decision for the charge of fighting inside company premises provides general guide on how disciplinary action should be dispensed on erring employees.
The post below is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (pp. 40-41).
Form No. 18 Decision to Dismiss (Final Notice) – Initiating a Fist Fight
To : PALOMO P. ALABAN Clerk
From : HR Date : ___________________
Subject : DECISION ON THE CASE
This pertains to the charge of fighting inside office premises against you.
Please note that on ____________ we sent you a notice asking for explanation on the incident where you allegedly assaulted Mr. Depen Siba.
You were given five (5) calendar days from receipt of such notice within which to submit your written explanation.
On ______________, we received a copy of your written explanation. In your letter, you explained that it was Mr. Siba who struck you first and that he called you “bobo.”
However, review of the CCTV footage shows that it was you who hit Mr. Siba first by punching him in the face. This is corroborated by the incident report of the guard.
Mr. Siba also presented a medical certificate from Philippine General Hospital stating hematoma and contusions on his face. A hearing or conference was held on ___________, at 19th floor, 349 Hay Building, Ayala Avenue, Makati City where you attended together with Atty. Aya O. Patalo.
In said hearing, you reiterated your defense that you did not initiate that fight. You also raised that the CCTV footage does not clearly show what actually transpired since it cannot capture the voice of the person.
However, the management believes that there is substantial evidence that you started the brawl as shown by the camera footage. Mr. Siba sustained injury as shown by his medical record. The incident report also corroborates said evidence and you failed to refute the statements of the guards thereon.
In this regard, after careful consideration and assessment of all circumstances and after according you due process, the management has reason to believe that you violated Section 45 of the Code of Conduct.
Your act is also punishable with dismissal under Article 282 of the Labor Code, as amended. Hence, your services are hereby being terminated effective immediately from receipt of this notice.
HOWIE RITO HAWIRON
Manager, HR ___________________