Sample Notice of Decision provides perspective for HR practitioners on the format and contents of the final step in employee dismissal.
This is given after the employer has issued Notice to Explain and held a hearing or conference.
In the previous post a Sample Notice to Explain was presented involving this offense so this is part of that process.
This template is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 69-70).
Form No. 37 Decision to Dismiss (Final Notice) – Hurling invectives at a superior
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Hurling invectives at a superior
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________. Our records reveal the following facts:
On __________________, your immediate superior complained about the incident which took place on _________. It is alleged that your immediate superior inquired about the status of a client’s request to which you replied that you were busy.
When your immediate superior asked about your workload, you got angry and hurled invectives at him, saying “Gago ka. Anong gusto mong palabasin?”
That when your immediate superior warned you not to raise your voice at him, you called him names such as “bakla” and challenged his authority by saying, “Ano ngayon?!” 70 Forms, Notices & Contracts In response to our show cause memo, you submitted your written explanation on ______________.
In the same explanation, we note that _____________________ (if any admission is made, state it here). During the scheduled conference on ______________, you were given the opportunity to explain or defend your side on the matter. (State any detail during the conference that may bolster the belief that a violation was committed) (State other details to substantiate charge, refute statement of employee if applicable, and complete justification for the company’s decision.)
In this connection, hurling invectives at a superior officer may constitute serious misconduct which is a ground for termination under the Labor Code. After a thorough review and discussion on the matter, we find that your behavior is serious, unjustified and undermines the authority of a ranking officer in the Company.
It shows disrespect for the said officer and constitutes serious misconduct. In view of the foregoing, you are hereby informed that your employment with the Company is terminated effective on the closing hours of ___________ (date).
Please comply with the relevant post-employment requirement of the Company by surrendering your accountabilities to _________________ (department or officer) for the Company to process your final salary.
Very truly yours,
________________
(Printed name and signature of authorized signatory)
