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Show cause letter

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asked on Mar 10, 2017 at 14:52
by   teeAw
edited on Mar 20, 2017 at 06:02
 
I'm a senior manager with a GLC, and I've been with this company for almost 21 years with a very clean track record (bonus and good increment since I joined). Recently I've been served with a show cause letter from my management and I was suspended for 14 days with half pay. I'm currently under suspension and I'm thinking of how I should counter the show cause letter. First of all it was never under my impression that I've under-performed because I've never been warned wither verbally or by letter for any issues pertaining to the show cause. My subordinate, the manager was also issued a show cause letter. The letter states that:

1. Investigations by the management showed that you failed and or/neglected in your duties in supervising your subordinate (another manager):

a: failed and/or neglected in supervising the services , implementation, troubleshooting, recovery plan provide consultation and expertise support
b: failed and /or neglected in supervising the network services implementation, troubleshooting, provide consultation and expertise support
c: failed and/or neglected in supervising operation efficiency including staff productivity, process improvement compliance.

as a result of the above the network suffered outages as follow:

2 outages with dates and time one in December and one in February

the outages have resulted in the company's failure to deliver its quality objective under ISO.

The company as a result received complaints from clients indicating frustration and dissatisfaction of our services.

2. Between a period of xx 2016 to xx 2016 during fixed asses verification exercises, a large no of assets under the manager's (my subordinate) department couldn't be located.
You thereby failed or neglected in supervising your manager and his department for due compliance with the transfer of f-assets procedure dated xx section xx which states "all employees are responsible for ownership of f-assets assigned to them. Failure to report on the part of the employee will be considered negligence and staff concerned is to be held responsible in the event it gets untraceable."

You are hereby required to provide a written explanation on the allegations stated above to us within one week as to why disciplinary action including dismissal should not be taken against you.

Pending explanation and decision from management, you are suspended for 2 weeks with half pay for a period of 2 weeks fr xx to xx.

During the period of suspension you are not allowed in the office and carry out transaction on behalf of the company.

Please take note that if your explanation is not received within the stated period, the management assume that you have no explanation to offer and the appropriate disciplinary action will be initiated against you.
After that they confiscated my laptop and my staff card.

Please advice what should I do. Should I get a lawyer?

Thanks so much in advance.
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4 Answers

answered on Mar 10, 2017 at 15:20
by   jeff005
edited Mar 20, 2017 at 06:05
 
Please advice what should I do. Should I get a lawyer?
Yes you should and can afford, based on the info you have tendered. Every lawyer will tell you that they are good in HR issues, be cautious. Really get a good one and ask proof of cases done by them at INDUSTRIAL COURT LEVEL. Experienced HR lawyers are hard to find.

Go read this website, ask questions, seek charges if necessary.

https://www.facebook.com/arunkumarandassociates/

Note: This dude posted commendable information on this forum. I do not know him, i dun get commissions, this recommendation is based on his "free service" postings to this forum and the accuracy and uptodate of current Malaysian labour laws.

Do pay for good services rendered. If the charges are extraordinary, please post here to inform us. Get quotation for full "case", itemized charges, if the case goes to the Industrial Court. By my reading from several blogs and forums, if a case is filed at the Industrial Court, legal fees may start from RM12-15K. So be aware.
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answered on Mar 10, 2017 at 15:40
by   teeAw
edited Mar 20, 2017 at 06:06
 
Need suggestions on whether I should reply the letter without any lawyer's advice? Is this a common process where show cause letter is issued without any warnings? Thanks.
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answered on Mar 10, 2017 at 15:50
by   jeff005
edited Mar 20, 2017 at 06:07
 
Will you be able to rebuke ALL the serious allegations above?

Personal Views. You may be sitting at the edge of a precipice
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answered on Mar 10, 2017 at 16:13
by   Yanies
edited Mar 20, 2017 at 06:07
 
Need suggestions on whether I should reply the letter without any lawyer's advice?
You can just D-I-Y reply.
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