Daily Tribune (Philippines)

Notice to explain

- ATTY. JOJI ALONSO & ASSOCIATES

Dear Atty. Kathy,

I was wrongly implicated in a fraudulent scheme at work. The HR officer tried to issue me a notice to explain. However, after getting a copy of the notice to explain and reading it, I only confirmed that the charges against me were not fair, so I refused to acknowledg­e receipt of the notice to explain.

I saw the HR officer write on their copy of the notice to explain that I refused to acknowledg­e receipt of my copy. I was therefore surprised when I suddenly received a notice terminatin­g my employment.

Is this not illegal for not following due process since they did not validly serve the notice to explain to me?

Everett Dear Everett,

As a rule, the employer is required to furnish the employee with two written notices before terminatio­n of employment can be effected: a first written notice that informs the employee of the particular acts or omissions for which his or her dismissal is sought, and a second written notice which informs the employee of the employer’s decision to dismiss him.

Anent the second notice, the written notice of terminatio­n should indicate that: (a) all circumstan­ces involving the charge against the employees have been considered; and (b) grounds have been establishe­d to justify the severance of their employment.

Based on your narration, it appears that you received a copy of the notice to explain, but only refused to acknowledg­e receipt of the same. You also mentioned that the HR Officer annotated their copy of the notice to explain the fact that you refused to acknowledg­e receipt of the same.

Such notation is a substantia­l piece of evidence proving that the notice to explain was validly served upon you. Thus, based solely on the above, it appears that your former employer exercised procedural due process under Philippine labor laws and jurisprude­nce and that the notice to explain was validly served upon you despite the fact of your refusal to acknowledg­e receipt of the same.

(Systems and Plans Integrator and Developmen­t Corporatio­n, et al. versus Michelle C. Ballestero­s, G.R. 217119, 25 April 2022)

Atty. Kathy Larios

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