24 April 2013

HR MANAGEMENT - What Is A Show Cause Letter?

By Faudzil Harun - Trans Management Consultants

















1.  A show cause letter is not mandatory.

2.  Once the investigation indicates that there is reason to believe
     misconduct 
was committed, the employer needs to decide whether the
     employee is to 
be charged and an inquiry held into the matter.

3.  Alternatively if the misconduct was not as serious the employer could
     issue 
a show cause letter to the employee who committed the
     misconduct. 

4.  In small organizations it is in order for the employer himself to
     investigate 
into the matter. The employer should however provide the
     employee an 
opportunity to give his version of the incident through a show
     cause letter, 
which contains information on the charges.

5.  The show cause letter must indicate the offences the employee is alleged 
     to have committed, specifying details of the offence and the date and
     time 
it was committed to enable the employee to answer the charged.

6.  The employee should be required to submit his explanation within a given 
     time frame. Normally a week’s grace should be sufficient for the employee 
     to respond.

7.  Once the employee has responded, the employer should go through the
     explanation to see if the employee had committed an offence and
     whether 
the explanation is satisfactory. If the employee seeks more time
     to 
respond to the show cause letter, the employer should not
     unreasonably 
refuse the appeal.


                             
Inaction on Show Cause Letter      

There have been cases where after the show cause letter is issued; there is inaction on everyone’s part. Often the work of issuing letters and follow up on these is delegated to junior supervisors and if they are not effective or do not have appropriate training, the matter in all probability may be overlooked. It is understandable if the employee does not respond. He is hoping the whole episode will be forgotten or he is simply being defiant.