Sample Notice to Explain – Hurling Invectives Against a SuperiorAtty Elvin
Sample Notice to Explain is a template to guide HR practitioners on the procedural requirements of employee discipline.
In this post, the fictional offense is hurling invectives against a superior. This act can amount to serious misconduct.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 67-69).
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Hurling Invectives Against a Superior
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention. That on __________________, your immediate superior complained about the incident which took place on ____________.
It is alleged that your immediate superior inquired about the status of a client’s request to which you replied that you were busy. When your immediate superior asked about your workload, you got angry and hurled invectives at him, saying “Gago ka. Anong gusto mong palabasin?”
That when your immediate superior warned you not to raise your voice at him, you called him names such as “bakla” and challenged his authority by saying, “Ano ngayon?!” Hurling invectives at a superior officer may constitute serious misconduct which is a ground for termination 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 acts 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)