Just Causes: Process to Follow

In addition to knowing what ground to use, you’ll need to follow the specific
process for just causes.

 Notice to Explain

 Hearing where the employee may air his/her side

 Notice of Termination

Let’s take each one in turn.

Notice to Explain

The Notice to Explain (NTE or Show Cause Memo or Show Cause Order) is the
start of the process.

It is a written notice to the employee that should have the following:

 Details the cause for termination based on Art 282

 Lists the facts and instances that might lead to dismissal

 Cites the particular company item in the company’s code of discipline

 Asks for a written explanation within 5 days [King of Kings Transport vs. Tinga
and Velasco,

 Should be served at the employees last known address

 Every effort should be made to deliver to the employee in person. If it cannot be

then you should send it by registered mail to his last known address.

 A signed receipt is also good practice, should you, later on, need to present
evidence.

Administrative Hearing

An administrative hearing is really for the employee to air his side.

He can present facts in his defense and counter the employer’s charge. He can
explain his side, and even bring along counsel.
 You may correctly think that some employees might skip this step in an effort to
avoid the administrative hearing and therefore later claim that the company did
not follow process.

You’d be correct – this does happen.

However, the law recognizes that this isn’t the employer’s fault.

By providing an opportunity to be heard, you’ve complied with the law.

It’s up to the employee to now appear.

A good practice would be to send a written notice of the time and place of the
hearing to the employee and to keep an attendance sheet.

Notice of Termination

If, after the administrative hearing, you find that the employee should be
terminated, you’ll have to issue a notice of termination.

The notice of termination is a written letter that is ideally given to the employee
in person. If that isn’t possible, then sending it through registered mail to his
last known address can suffice.

You’ll need to state:

 all circumstances involving the charge against the employees have been
considered; and

 grounds have been established to justify the severance of their employment.

The ground in the notice of termination should, of course, be the same as that
which was in the Notice to Explain.
By complying with the process and correctly identifying the grounds needed for
termination, you will be following the law and properly supporting your
employer.