Sample Notice to Explain – Assaulting A Superior

It is always a challenge for HR practitioners to prepare a legally compliant and defensible disciplinary forms. It is always our mission to make this task easy through presentation of useful templates.

Assaulting a superior is a serious misconduct which can be ground for dismissal of employee. Below is a sample Notice to Explain for this kind of offense. The complete sets of notices required to discipline an employee will be posted in this series.

The template is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2, pp 48-49:

Form No. 23 Notice to Explain (First Notice) – Assaulting a Superior

To : SHUN T. OKAN
Encoder

From : HR

Date : ___________________

Subject : NOTICE TO EXPLAIN

In a letter-complaint to HR submitted by your supervisor, Mr. Sean A. Pak, he alleged that you punched him in the face on _________.

Mr. Pak stated that he was telling you that you made a mistake regarding the encoding of sales transactions under Sales Report 1234.

However, his act did not sit well with you and you began to argue with him. As Mr. Pak while explaining further, you suddenly punched him in the face hitting him in the nose. It caused profuse bleeding that he had to be taken to Makati Medical Center.

Under Section 6-G of the company’s Code of Conduct and Article 282 of the Labor Code, as amended, the act is punishable with dismissal, if proven. In this regard, 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 your written explanation within the prescribed period shall be deemed waiver on your part of due process.

Please be guided accordingly.  

PARETTO P. AROON Manager, HR

HR Forms, Notices & Contracts Volume 2