What Is A Show Cause Letter?
If you receive a show cause letter from your employer, it is important to take it seriously. A show cause letter is typically issued when an employer has determined that an employee has breached a policy or engaged in misconduct. The letter will state the employee is being given the opportunity to ‘show cause’ as to why certain actions should not be taken by the employer, and provide instructions on how to respond. It is important to read the letter carefully and to take action promptly.
How To Properly Respond To A Show Cause Letter?
The purpose of a show cause letter is to provide you with an opportunity to respond and explain why you should not be disciplined or fired. If you believe that the allegations against you are unfounded or unfair, you should write a response explaining your position. If you believe there are mitigating circumstances to be taken into account, you can raise these as well. This process is an opportunity to set out why you do not think the proposed disciplinary measures should be taken.
Determine what is being asked of you
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- A show cause letter can ask for an explanation about a specific event or action, or it can ask why you have not met specific expectations.
Consider if there are any relevant policies or procedures
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- Review those policies to check whether you consider you have breached any relevant policies and if the show cause event has been properly brought. For example, most workplaces will have a Grievance Policy. This should be your starting point. You should then consider if there are any other policies relevant to the situation. For example, if the show cause involves an allegation of bullying, you should see if there is a bullying and harassment policy, and so on.
Do you have enough time to respond?
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- Your employer should give you a reasonable timeframe in which to respond. Sometimes employers can ask you to respond in an unrealistic timeframe. We sometimes see employers provide letters to employees on a Friday afternoon and expect a response by the following Monday morning. Depending on what needs to be done and the situation, this may not be appropriate, as it might take several hours to complete your response. If that occurs, you can ask for an extension in time. If not granted, you may want to speak to an employment lawyer for employees for urgent legal advice or guidance.
Start to draft a rough outline of your response
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- If the show cause letter is the first time you have been made aware of issues and allegation, you should make a written chronology (or timeline) of events (in date order) that sets out to the best of your knowledge and recollection the date, time, events that took place, whether anyone else was present and if so, who. Start to gather any relevant documentation that will assist you to draft your response or that you wish to attach to the response. If your employer has removed access to your emails or documents and you require these to enable a response, request access. Jot down the main points you wish to get across.
- If the letter requests an explanation for an event, provide as much information as possible.
- If the letter asks why you have not met specific expectations, be sure to highlight any progress you have made since the last evaluation.
- If the letter asks you to set out reasons why disciplinary action should not be taken, you should consider any mitigating circumstances. For example, if performance issues have arisen because of health issues, or understaffing, you can wish to raise this.
Review and edit your response
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- Be professional and courteous in your response and be sure to follow any instructions provided in the letter. It is also important that your response is structured and easy to follow. By this, we mean that the response is set out so it is clear what question or allegation you are responding to.
- If the show cause letter contains allegations you have not had the opportunity to respond to, you should address these in the response.
If you are unsure about anything, make sure you consult a lawyer
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- Many employment lawyers at firms such as TLB Law & Co will be happy to have a quick chat with you regarding your matter so reach out and speak with someone if you are unsure what to do.
If after responding you are dismissed, you may be feeling a range of emotions. However, you will need to quickly decide if you have the basis for a claim as there may be strict time frames in which to make such a claim. For example, an unfair dismissal claim or claim for a breach of the general protections provisions of the Fair Work Act 2009, must be brought within 21 days from the date of termination. If you miss that filing date, there are very limited circumstances in which you will be able to seek an extension.
Finally a word of advice. Dealing with a show cause event can be stressful even for people who are normally quite strong. Don’t be embarrassed if you feel like you need some emotional support. If your employer has offered an Employee Assistance Program (EAP) service, don’t be afraid to use it. Counsellors must maintain your confidentiality, and can provide you with much needed support in what can often be a difficult time. Otherwise, you might like to consult your doctor, who should be able to assist you or refer you to someone who can. We have set out some further numbers if you need assistance at the bottom of this document.
Guide To Show Cause Letters
In summary:
- Read the letter and make sure you understand what is expected. If you are unsure ask your employer for clarification.
- Act quickly – don’t leave the response to the last minute. Make a chronology of events if you need to and write out your as best you can your responses.
- Gather any relevant documentation.
- Use relevant evidence to support your case.
- Be professional.
- Access any EAP service available to you, or consult your doctor.
- Seek legal help as early as possible, and get in touch with an experienced employment lawyer for employees.
Let Our Employment Lawyers In Sydney Help You
No one deserves to be treated unfairly at work. Our team of skilled employment lawyers in Sydney can assist you with unfair dismissal cases and will fight for the compensation you deserve. We understand what you’re going through and we’re here to help and provide you with practical advice to help you navigate this difficult time.
Book a complimentary 15-minute consultation or call us at 1300 80 67 80.