As part of the disciplinary process at the workplace, an official document known as a show cause letter (SCLs) is typically issued. SCLs serve as an employer’s indication that disciplinary measures will be taken in the absence of acceptable justifications for the employee’s alleged misconduct. SCLs may be issued subsequent to a preliminary investigation conducted within the workplace, disclosure made by a third party, and/or an admission made by an employee of having committed misconduct.
One common confusion among employers is the tendency to issue SCLs for instances of poor performance. It’s crucial to understand that SCLs should address specific instances of misconduct or policy violations rather than general underperformance. To the contrary, issues of poor performance should be addressed through the Company’s performance management processes which typically begin with counseling sessions followed by a notice of poor performance and so on.
How to Refine Show Cause Letters?
Error 1: Lack of Clarity and Ambiguity
Ambiguity in a show-cause letter can confuse the employee, rendering it difficult for them to discern the precise concerns they need to rectify. To prevent this oversight, furnish specifics and instances, and articulate the issue clearly.
Poor Drafting: “Your conduct has been unsatisfactory and disappointing.”
Suggested Drafting: “You arrived to work late by over 30 minutes on three distinct occasions this month dated [Insert exact dates].”
Error 2: Failing to Use the Words “Alleged”
In drafting show cause letters, it is crucial to articulate allegations rather than stating that an employee has “committed” certain actions. The distinction lies in preserving the presumption of innocence and ensuring fairness throughout the disciplinary process. By using the term “alleged,” the letter emphasises that the accusations are based on preliminary evidence and that the accused individual has the right to refute or provide explanations for the alleged misconduct.
This approach underscores the fundamental principle of due process, where individuals are considered innocent until proven guilty. Failing to employ such precise language may convey a predisposition towards the guilt of the accused, potentially undermining the integrity of the disciplinary proceedings and opening avenues for legal challenge.
Poor Drafting: “It has come to our attention that you committed a serious violation of company policy by disclosing confidential information to unauthorised individuals. Your actions have caused significant harm to the company’s reputation and operations. As a result, you are hereby required to show cause as to why disciplinary action, up to and including termination, should not be taken against you.”
Suggested Drafting: “It has come to our attention that you are alleged to have committed a serious violation of company policy by allegedly disclosing confidential information to unauthorised individuals. These allegations, if proven true, could potentially cause significant harm to the company’s reputation and operations. As a result, you are hereby required to show cause as to why disciplinary action, up to and including termination, should not be taken against you.”
Error 3: Disregarding Employee Rights
Overlooking the acknowledgment of employee rights may result in conflicts and accusations of unjust conduct. It is essential to incorporate a segment that honours their right to respond within a reasonable period.
Poor Drafting: Failing to include the employee’s entitlement to reply.
Suggested Drafting: “We recognise your right to reply to this show cause letter. You have the opportunity to furnish a written response within [specified timeframe]. Your input will be taken into account in our ultimate decision concerning this issue.”
Key Protocols in Issuing a Show Cause Letters:
FAQ 1: Is it acceptable to deliver a show cause letter verbally or through email?
While discussing concerns verbally or sending an email outlining the issues is feasible, it’s strongly recommended to adhere to a formal written procedure when issuing a show cause letter. A formal letter establishes a clear communication record and underscores the gravity of the situation for all involved parties.
FAQ 2: What’s the timeframe for an employee to respond to a show cause letter?
Response time typically given to employees is within 5 to 10 business days, though the specific duration should be explicitly stated in the show cause letter. This allows the employee ample time to craft a well-considered response.
FAQ 3: What happens if the employee declines to sign the show cause letter?
Refusal to sign the letter doesn’t nullify the communication. The act of delivering the letter is typically adequate for legal purposes. Nevertheless, it’s advisable to have a witness present during delivery to verify receipt.
FAQ 4: Can an employee be terminated immediately after receiving a show cause letter?
In most instances, a show cause letter serves as the initial step in addressing performance or misconduct concerns. Termination generally only follows after evaluating the employee’s response, conducting any necessary investigations, and providing opportunities for improvement (poor performance issues related).
Employee Professionalism and Respecting the Company’s Disciplinary Process
The purpose of issuing a Show Cause Letter is to afford the employee the chance to provide an explanation or defense in response to any allegations of misconduct.
However, certain employees may harbour adverse feelings towards receiving such correspondence. They might perceive it as a threat, causing disappointment or humiliation. Consequently, there’s a risk of losing sight of the letter’s intended purpose and instead resorting to criticising management rather than offering an explanation. Employers must recognise that while employees deserve a chance to clarify matters, this doesn’t justify disrespectful behaviour or launching into a tirade against the company.
The court has made it clear in Raja Nazim Raja Nazuddin v. Padu Corporation [2019] 2 ILR 388 that where the tone of an employee’s reply to a show cause letter is disrespectful and disparaging language, unbefitting that of a subordinate is used, reflected his defiant attitude to persons in authority and had constituted insolence and insubordination which had been a serious misconduct.
The fundamental aim of a letter of explanation is solely to respond to the allegations leveled against the employee. Subsequently, employees may choose to contest them through alternative channels, such as the grievance procedure, or at the very least, by sending a formal letter (or email) of protest.
