Sample Notice of Dismissal for Assaulting a Superior

GUIDE FORMS ON HOW TO VALIDLY DISMISS EMPLOYEES

This is the last part of the post on sample forms for assaulting a superior which is an offense that led to dismissal. This is the final notice given to an employee after according him the ample opportunity to explain in writing and to verbally explain further in a face-to-face hearing/conference.

The template is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2, pp 50-51:

Form No. 25 Notice of Decision (Final Notice) – Assaulting a Superior

To : SHUN T. OKAN
Encoder

From : HR

Date : ___________________

Subject : DECISION ON THE CASE

This has reference to the charge of punching a superior against you per written complaint submitted by Mr. Sean A. Pak. Mr. Pak alleges that on ___________, 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. On __________, we required you to submit your written explanation within five (5) calendar days from receipt of the notice.

You submitted your reply on ___________ explaining that you simply got furious when he called you incompetent on the encoding of the sales in the Sales Report. For that reason, you blacked out and did not anymore know what happened thereafter.

A hearing/conference was held on ____________ at 19th floor, 349 Hay Building, Ayala Avenue, Makati City. You appeared together with your counsel Atty. Fay T. NgFayt reiterating the same defense found in your written explanation. After careful evaluation of the evidence, facts and records of this case, the management finds that you violated the company policy and that there is substantial evidence for your dismissal under Article 282 [now Article 297 in renumbered provisions] of the Labor Code, as amended.

While you claim that Mr. Pak called you “incompetent,” you presented no evidence other than your bare allegation. Mr. Pak in fact denies having called you “incompetent.” In this regard, we regret to inform you that your services are hereby being terminated for the above reason, effective immediately from receipt of this notice.

PARETTO P. ARON
Manager, HR

View the Notice to Explain for this offense

View the Notice of Hearing/Conference for this offense

HR Forms, Notices & Contracts Volume 2