Sample Notice of Hearing for Stealing Co-Employee’s Cellular PhoneAtty Elvin
Sample notice of hearing is provided here to guide HR practitioners on important concepts to remember when implementing procedural due process in employee dismissal.
Take note that the offense committed in this sample notice is not against the company. The victim of theft of cellular phone is the employee. Hence, it falls under the analogous cause of Article 297 [formerly Article 282] of the Labor Code, as amended.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Elvin B. Villanueva [pp. 268-269]
To : FON STILLER
From : HR
Date : _____________________
Subject : HEARING/CONFERENCE
This is with regard to the charge against you concerning the loss of Ms. Moby L. Ladik’s iphone model CN444556 that went missing after a system meeting at the conference room.
In a notice to explain we sent you, we required you to submit a written reply within five (5) calendar days from receipt of the notice. You complied with the memo and we received your letter on __________.
In moving forward with this investigation, you are hereby invited to a hearing/conference to be held on __________ at 18th Floor, Tough Building, Ayala Avenue, Makati City at 9:00 a.m.
You may bring with you your counsel or support person. Failure on your part to attend the hearing/conference shall be deemed as waiver on your part of such hearing or your right to due process.
For your strict compliance.
JOAN MELANE MARQUEZ