Sample Notice of Hearing or Conference: Fighting Inside Office PremisesAtty Elvin
Sample Notice of Hearing or Conference for fighting inside the office premises is provided herein to guide practitioners on the procedural due process of employee dismissal.
The post below is a continuation of the yesterday’s post on Notice to Explain. This is based on the book of Atty. Villanueva entitled Human Resource Forms, Notices & Contracts Volume 2 (pp. 39-40).
There are cases where an employee is placed on preventive suspension where his act poses serious and imminent threat on the life or property of the employer or his representative/s. The notice of preventive suspension is normally included in the NTE.
Since the notice of hearing/conference is normally issued after the NTE, the employee might already be some place far away, such as in his province, when the notice or conference is served. Thus, the employee would be compelled to travel back to the office by spending for air fare, bus, or ship just to attend the conference.
In this case, the employer can exercise its discretion and help out by shouldering the cost of transportation and even meals. Not because there is legal obligation on the part of the employer but because the company wants to extend humanitarian consideration.
Hence, the sample notice of hearing or conference below considers this instance.
Form No. 17 Notice of hearing/conference where the employee will be coming from remote area – Initiating a fist fight
To : PALOMO P. ALABAN
From : HR Date : ___________________
Subject : NOTICE OF HEARING/CONFERENCE
We sent you a notice on _____________ asking explanation for the incident that transpired on __________ 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. Hence, the management has decided to move on with the investigation in a hearing or conference to be held on ___________, at 19th floor, 349 Hay Building, Ayala Avenue, Makati City.
In this regard, you are hereby invited to attend such hearing/conference. You may bring with you your counsel or support person.
The company will reimburse your meal and transportation expenses for this proceeding. Kindly submit the receipts to HR.
Failure to attend the hearing/conference on the date stated shall be deemed waiver on your part of the due process or opportunity to be heard.
For your compliance.
HOWIE RITO HAWIRON