Sample notice to explain is provided to guide HR practitioners on the procedural due process for dismissal. In this post the offense is accessing pornographic website in the office.
The post is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 92.93).
To : JUAN P. ORNITO Clerk
From : HR Date : __________________
Subject : NOTICE TO EXPLAIN
The Software Audit Team (SWAT), reported that on __________ from 10:00 a.m. to 11:30 a.m., you accessed the following sites:
It appears that these are porn sites show naked men and women engaged in sexual activities. These contain compilation of photos and lewd videos that portray sexual acts.
Under Section M5 of our Code of Conduct, accessing these sites using company time, resources and equipment are punishable with dismissal. And if proven, the offense is also dismissible under Article 282 of the Labor Code, as amended.
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 the above.
Failure on your part to submit your explanation within the prescribed period shall be deemed waiver of your right to due process.
For your strict compliance.