Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone as Analogous CauseAtty Elvin
Sample Notice to Explain is provided to guide HR practitioners of the approach in enforcing discipline for offense committed falling under analogous cause.
Earlier, we posted about the analogous causes under Article 297 [formerly Article 282] of the Labor Code, as amended stating that under the DOLE issuance they should be indicated in the company’s Code of Discipline to validly invoke the same as ground for dismissal.
Below is the sample notice to illustrate this concept. This is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Elvin B. Villanueva.
To : FON STILLER Clerk
From : HR Date : _____________________
Subject : Notice to Explain
HR received a complaint from Ms. Moby L. Ladik that on ______ her iphone model CN444556 went missing after a system meeting at the conference room.
Upon learning of its loss, Ms. Ladik immediately dialed her mobile using another phone. She heard the ring tone from your bag as you were rushing towards the elevator. She did not approach you as you might get offended. Hence, she reported the incident to HR.
A review of the CCTV camera in the conference room reveals that right after the meeting and while Ms. Ladik was outside the room, you grabbed the phone from the table.
Under Section R5 of our Code of Conduct, theft of co-employee’s property is punishable with dismissal. If proven, it is also a ground for dismissal under Article 297 [formerly Article 282] of the Labor Code, as amended.
In this regard, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be imposed upon you for the act mentioned. Failure to submit the written explanation within the period stated shall be deemed waiver of your right to due process.
For your strict compliance.
JOAN MELANE MARQUEZ