Who can use this letter
This letter can be used by all employers.
This letter will assist employers in the disciplinary processes to inform an employee that they have the opportunity to show cause as to why their employment should not be terminated. This letter supports procedural fairness.
In what circumstances will a show cause letter be appropriate?
This letter can be used by employers who consider that there are grounds to dismiss an employee.
These may be due to an employee’s ongoing behavioural or performance issues for which they have received counselling or guidance, or because the most recent unsatisfactory conduct was of a serious nature (such as theft, assault etc) which would constitute serious misconduct.
In either event, this letter assumes that the employee has already been interviewed and asked to give his/her account of the facts relating to the most recent conduct, and that the employer has not made a final decision to terminate the employment.
Therefore, the purpose of this letter is to inform an employee that, whilst the employer has grounds to dismiss them, he/she is being given an opportunity to show cause as to why action should not be taken to terminate his/heremployment.
Other necessary steps before initiating a show cause meeting
If you are unsure of whether an employee’s conduct is sufficient to warrant termination, you should seek specific advice prior to initiating a show cause meeting. Failure to do so may give rise to a number of legal consequences, including unfair dismissal proceedings.
Further information on how to use this document can be found at the 'How to use communications' link on the Communications page of the HR Advance website.
Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.