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Show Cause Letter

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asked on Apr 6, 2014 at 03:00
by   june1974
I have an employee who is incompetent in the office as well as having personal matters that has affected her work.She's  currently under probation and the management has decided to terminate her with a 7 days notice.Throughout her 3 months tenure with us,we have been telling her to change but only verbal and nothing in written notice.What is a Show Cause Letter and must it be written by us and to be replied by her? We have issued her a Show Cause Notice explaining on her mistakes but no indication on the letter asking her to reply.What is the right thing to do? please help anyone.
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answered on Apr 11, 2014 at 23:15
by   arun1011
Based on what you have stated, I am not sure if you have issued her the termination letter yet. If you have not, the best thing to do is to specify in the termination letter the instances when the verbal notice was given in respect of the employee's performance. As for the show cause notice, the proper thing is to give the employee an opportunity to respond as show cause means giving the employee and opportunity to respond.
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answered on Apr 12, 2014 at 00:59
by   june1974
We have issued her termination notice and she did signed the termination notice.Is that sufficient for a prove for IRA just in case if she brought this matter up to Industrial Court.
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answered on Apr 12, 2014 at 13:30
by   arun1011
Merely getting the employee to sign the termination letter is not enough if the employee decides to make her representation under the IRA and if the case goes to Industrial Court.In the event case goes to Industrial Court, the employer must prove that they gave the employee adequate warning in respect of her performance, time to improve, show cause letter, etc.
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