Sample Notice to Explain for Use of Prohibited Drugs
Sample Notice to Explain for use of prohibited drugs is the first part of this series of posts. This is an important item of observance of procedural due process.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2.
Form No. 43 Notice to Explain (First Notice) with Preventive Suspension – Use of Prohibited Drugs
To : MAGDO D. ROGA
From : HR
Date : __________________
Subject : NOTICE TO EXPLAIN
The Security Office submitted a report stating that on _________, Security Officer Rolando Mapagmatyag caught you smoking marijuana at the basement.
He said that at first, he noticed a “weird” smell when he went to the basement. He found you smoking what seems to be a cigarette. He realized later on that the smell was coming from what you were smoking.
After a while, you threw what remains in the drain. Mr. Mapagmatyag retrieved the floating cigarette from the drain and checked the same. He noticed that it was the source of the smell in the basement. He opened it and found what appeared to be marijuana leaves inside.
The leaves were brought to the PNP Crime Lab for examination and the report confirms the leaves are indeed marijuana.
Under Section 4G of our Code of Conduct, smoking prohibited drugs inside the premises is punishable with dismissal. If proven, it is also a just cause for dismissal under Article 282 of the Labor Code, as amended.
In the meantime, the offense poses serious and imminent threat on the life of the employees, thus, you are hereby placed on preventive suspension for a period not to exceed thirty (30) days from receipt hereof.
Also, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be imposed upon you for such act. Failure on your part to submit the required explanation within the prescribed period shall be deemed waiver on your part of your right to due process.
For your compliance.
RAYMART SARCIADO
HR Manager
The forms used in this series of posts are best crafted with the book Guide to Valid Dismissal of Employees Second Edition as legal reference.
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