Professional Documents
Culture Documents
The
reasonable
period
within
which
an
employee
being
cited
administratively should submit his written explanation is five (5) calendar days
from receipt of the notice to give him an opportunity to study the accusation
against him, consult a union official or lawyer, gather data and evidence, and
decide on the defenses he will raise against the complaint.2
First Notice
On October 5, 2007, Hannah Marin filed an incident report that Charles
V. Andrews sexually harassed her. Acting upon the said report, an investigation
was conducted by the management and a notice to explain was sent via
registered mail to Andrews last known address on October 26, 2007. Andrews
was directed to respond to said notice on or before October 31, 2007 or within
five (5) calendar days. However, without any justifiable reason, Andrews did not
respond to the said notice sent to him. In utter disobedience, he did not report
to office as directed.
Hearing
4 FELIX B. PEREZ and AMANTE G. DORIA vs. PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY
and JOSE LUIS SANTIAGO, G.R. No. 152048
5 Ibid
Andrews was afforded all the opportunity to respond, present his evidence
or rebut the evidence presented against him. The failure of Andrews, in the
absence of any justifiable reason, to reply to said notice can only be imputed
against him. The respondent company has given him sufficient and reasonable
period. His inaction is a clear of showing of his refusal to cooperate with the
investigation. By such refusal, he is deemed to have waived his right to defend
himself.6 Thus, he cannot now claim denial of his right to due process.
Second Notice
The employer is mandated to immediately notify a worker in writing of his
decision to dismiss him stating clearly the reasons therefor.7 The decision is
usually set forth in the second notice required under the law- the so called
termination
justifications
noticefor
informing
his
the
severance
employee
from
the
employment.8
of
factual
This
is
and
legal
after
due