Sample Notice of Decision for Use of Prohibited Drugs
Sample Notice of Decision is provided to help practitioners on how to treat offenses of employees involving use of prohibited drugs. Previously, a Notice to Explain was shown. These two notices are part of the procedural due process aspect.
The post is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 86-87) by Atty. Villanueva.
Form No. 49 Decision to Dismiss (Final Notice) – Using prohibited Drugs
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Using Prohibited Drugs
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention. In particular, it appears that on or about ________ (time) on ________ (date), you were caught using prohibited drugs in the company premises and during working hours.
In this connection, the use of prohibited drugs constitutes serious misconduct which is a just cause for termination of employment under the Labor Code. In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of dismissal for the act mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall be accorded the opportunity to express your side on the matter. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
___________________
(Name and signature of authorized signatory)
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