Post on 18-Nov-2014
description
DISCIPLINARY ACTION
PROCESS
DUE PROCESS
Conduct of legal proceedings strictly
according to established principles
and procedures, laid down to ensure
fair trial for every accused.
ASPECTS OF DUE PROCESS
Procedural Due Process
Substantive Due Process
Substantive Due Process
Article 282, 283, 284 & 285
Termination of Employment Due to:
Just Cause (Serious Misconduct)
Authorized Cause (Retrenchment, Redundancy)
Disease as Ground for Termination
Termination by Employee (Resignation)
Procedural Due Process
Twin Notice & Hearing
1st Notice- Notice to Explain
Administrative Hearing
2nd Notice- Notice of Decision
NOTICE TO EXPLAIN
DISCIPLINARY ACTION NOTICE
NOTICE OF DECISION
NOTICE TO EXPLAIN
A document notifying the
employee of the allegations of
misconduct against him. This
document also enables the
employee to explain his side and
present evidence .
PARTS OF A NOTICE TO EXPLAIN
Header (date, to, from)
Notice to Explain
Allegations of Employee Misconduct
COC rule violated
Possible Sanction
Period to answer allegation
Effects of failure to respond
Issuing authorities
Acknowledgment
NOTICE TO EXPLAIN
NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION
Clause stating the period of
preventive suspension
Reason for preventive
suspension
NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION
NOTICE TO EXPLAIN WITH ADMIN HEARNING
Notification of the admin
hearing date and venue
Right to bring counsel
NOTICE TO EXPLAIN WITH ADMIN HEARNING
DISCIPLINARY ACTION NOTICE
After due investigation and
examination of evidence, this
document will serve as the notice
of sanction.
PARTS OF DISCIPLINARY
ACTION NOTICE
Header
Notice of Disciplinary Action
Proven Violation
Sanction
Acknowledgment
DISCIPLINARY ACTION NOTICE
NOTICE OF DECISION
After receiving the NTE and after
admin hearing, this document will
notify the accused of the sanction
that will imposed.
PARTS OF A
NOTICE OF DECISION
Offense Violated
Decision
Basis for Decision
Effectivity Date
Authorized Signatories
Acknowledgment
NOTICE OF DECISION
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