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Tag - Serious Misconduct

05 Nov

Smoking INside Company Premises – Notice of Dismissal

Smoking inside company premises, under certain circumstances, can lead to employee dismissal. The sample notice below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (163-165). Form No. 92 Decision to Dismiss (Final Notice) – Smoking inside company premises To : Name of Employee From : HR MANAGER or other responsible officer Subject : Smoking inside company premises Date : (Date of issuance) The following incident has been brought to our attention for appropriate [...]

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04 Nov

Smoking Inside Company Premises – Notice to Explain

Smoking inside company premises may cause for disciplinary action. The sample notice below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva (pp. 161-163). Form No. 91 Notice to Explain (First Notice) – Smoking inside company premises To : Name of Employee   From : Human Resources Manager or other authorized officer Subject : Smoking inside company premises Date : (Date of issuance of Notice) The following incident has been brought to our attention for appropriate [...]

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02 Nov

Sexual Intercourse Inside Company Premises: Sample Notice of Dismissal

Sexual intercourse committed inside company premises is serious misconduct and subjects the employee to disciplinary action which may amount to dismissal from service. The form below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 159-161). Form No. 90 Decision to Dismiss (Final Notice) – Sexual intercourse in company premises To : Name of Employee From : HR MANAGER or other responsible officer Subject : Sexual intercourse in company premises Date : (Date of issuance) This [...]

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31 Oct

Sexual Intercourse Inside Company Premises Sample Notice to Explain

Sexual intercourse inside company premises is a serious misconduct and ground for dismissal of employee. Issuance of the Notice to Explain is one of the procedural steps required for employee dismissal. The form below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 158-159). Form No. 89 Notice to Explain (First Notice) – Sexual intercourse within the company premises To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Sexual [...]

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26 Sep

Sample Notice of Dismissal – Purchasing Supplies from Non-Accredited Supplier

Sample Notice of Dismissal is provided as a template for dismissal of employee based on illustrative ground of purchasing supplies from non-accredited suppliers. Company policy may establish the procedure and accreditation process on proper purchasing procedure such that any violation may be meted with disciplinary action. The template below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 82 Decision to Dismiss (Final Notice) – Purchasing supplies from non-accredited supplier To : Name of Employee From [...]

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24 Sep

Sample Notice To Explain – Purchasing Supplies from Non-Accredited Suppliers

Sample Notice to Explain for purchasing supplies from non-accredited suppliers may be a punishable offense under the company policy. Below is a sample form culled from the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 81 Notice to Explain (First Notice) – Purchasing supplies from non-accredited suppliers To : Name of Employee From : Human Resources Manager Subject : Purchasing supplies from non-accredited suppliers Date : (Date of issuance of Notice) The incident which occurred [...]

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12 Sep

Insulting a Customer – Notice of Dismissal

Insulting a customer may be ground for dismissal if it amounts to serious misconduct. Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment (pp. 114-115, Guide to Valid Dismissal of Employees Second Edition citing Telecommunications Distributors Specialist, Inc., vs. Raymund Garriel, G.R. No. 174981, May 25, 2009). The misconduct, to be serious within [...]

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01 Sep

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for managerial employees to be dismissed. Yolando T. Bravo vs. Urios College (Now Father Saturnino Urios University) and/or Fr. John Christian U. Young G.R. No. 198066, June 7, 2017 Facts: Yolando Bravo was employed as a part-time teacher in 1988 by Urios College. In addition to his duties as a part-time teacher, Bravo was designated as the school’s [...]

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28 Jul

Sample Notice to Explain: Fighting Inside the Company is a Serious Misconduct

Sample Notice To Explain: fighting inside company premises. Fighting is a serious misconduct and is ground for dismissal except where the employee involved is just defending himself. Hence, the circumstances of the case will determine the proper penalty to be imposed. Serious misconduct is a dismissible offense under Article 282 [now Article 297] of the Labor Code, as amended. Below is a sample Notice to Explain (NTE) for this offense based on the book Human Resource Forms, Notices & Contracts Vol. 2. Initiating [...]

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19 Jul

Theft as Serious Misconduct and Ground for Dismissal

Theft can fall under serious misconduct or willful breach of trust. In either case, it can be ground for dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (See citations in the book of the doctrines discussed hereunder). The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property [...]

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