Twin Notice Rule: A due process requirement in dismissing an employee for just cause

What notices need to be served to terminate an employee from employment?

To meet the requirements of due process in the dismissal of an employee, an employer must furnish the worker with two written notices:

NOTICE TO EXPLAIN
(1) a written notice specifying the grounds for termination and giving to said employee a reasonable opportunity to explain his side; and

NOTICE OF RESOLUTION
(2) another written notice indicating that, upon due consideration of all circumstances, grounds have been established to justify the employer’s decision to dismiss the employee.

Does a hearing before officers need to be conducted?

An employee has the right to be heard HOWEVER a formal type hearing is not essential in due process. It is enough that the parties are given a fair and reasonable opportunity to explain their respective sides of the controversy and to present supporting evidence on which a fair decision can be based.

[ G.R. No. 152048, April 07, 2009 ]
FELIX B. PEREZ AND AMANTE G. DORIA, PETITIONERS, VS. PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY AND JOSE LUIS SANTIAGO, RESPONDENTS.