Just Causes Due Process.docx

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

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Hearing where the employee may air his/her side

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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

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Lists the facts and instances that might lead to dismissal

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

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

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Should be served at the employees last known address

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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.

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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

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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.