Contents of a Notice to Explain
I received a copy of a notice from my employer requiring me to submit my explanation immediately on why they should not terminate me from work. When I consulted my friend who works in a law office regarding the possible answer to the said notice, he claimed that he could not assist me on the preparation of my answer since the notice was defective.
“2. Detailed narration of the facts and circumstances that will serve as a basis for the charge against the employee. A general description of the charge will not suffice; and The above-stated rule was also applied in the case of Pardillo vs Bandojo , where the Supreme Court, through Associate Justice Alfredo Benjamin Caguioa, stated that:
“Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense.This should be construed as a period of at least five calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint.
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