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Show Cause Letter

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asked on Sep 29, 2014 at 20:16
by   sjchow
Hi, would like to get advice whether the show cause letter i have drafted is correct.

Reference:
Date: 29th September 2014

Mr. xxx
Address

Sir,
Re: SHOW CAUSE LETTER

It has been reported to HR manager on 10 September 2014, you have sent an email of resignation.
Per your employment contract with xxx as xxx Engineer with effective date from 18th March 2013, per the terms and conditions of employment duly agreed and signed by you in acceptance on that date. The terms and conditions of the appointment letter cited that if you want to leave/resign from the services of the company you will have to serve a 60 day notice of your intention to do so, failing which you will have to pay 2 months salary in lieu thereof, either of these is by the discretion of the management

Referring to written notice and 1-On-1 meeting held on 24th September 2014 you were informed that in condition you need to leave before your actual last day dated 09th November 2014, you need to complete the pass-down of project data according to the transition plan and pass all the work on hand to your immediate team members. You would also need to issue the penalty amount in lieu of the short notice period.

29th September 2014 that, you, Mr.xxx resigned abruptly from the employment of the company with immediate effect and did not serve your full notice period. And whereas despite repeated emails and phone call to seek resolution, you have failed to reply to any of the mentioned call and email.
The transition plan have not been carry out and the project under your care are currently on hold due to the abrupt absence/resignation from Mr.xxx.

You are hereby required to show cause in writing to reach this office by 07 October 2014 explaining why disciplinary action should not be taken against you. If you fail to submit an explanation by the stipulated date, decision will be taken without further reference to you.

................................................     .....................................
xxx         Company Stamp
(Office/HR Manager)       Date: 29 September 2014
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3 Answers

answered on Sep 29, 2014 at 21:53
by   jeff005
@sandy

1/He has already resigned. He just went AWOL. How could he resign on 29th again.??

2/This show cause letter is nonsense to him..!! A show cause letter is issued primary to discipline a staff, which will or may result in the termination of his employment contract. He has already self terminated.!! Why buat lebih..??

3/Just tell him any accured salaries claims etc, will be withheld pending performance of his "agreed handover of project and or duties, etc,etc. Otherwise he would be held accountable legally for any financial losses incured as a result of project fines or failure. He can be sued under professional act, btw, is he a certifieded engineer??
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answered on Sep 29, 2014 at 22:10
by   jeff005
sandy,

dun rush into things and make careless mistakes and then you loose yr rights to sue him next round. Be patient, just try to contact him via emails or recorded calls on hp and document it for future court case.

What he turns up in 2 days time with a MC chit proving he is unable to come back to work these few days.?? He had lost his hp and stranded on one of the islands in sabah on a sunday weekend vacation??

There is nothing much you can do once a staff has no more heart to work there.
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answered on Oct 2, 2014 at 15:02
by   sjchow
Hi all, there is new updates. As I am new, I am not sure on the steps to handle this case.

This is what happened:-
- Staff tender resignation (10/09) and agrees to work until 10/10 (pass down his work) and pay short notice.
- On 25/09- Have 1-to-1 with staff and he agrees to work until 10/10 and will pass down his work properly.
- 27/09 -He email inform us he will not come to work anymore and he want to use his sep salary+Annual leave to cover the short notice.
- 28/09- Called but staff refuse to respond to emails/sms/text.
- Same day found staff purposely deleted some important project data before he leaves on 27/09.

In lieu of this, I was wondering can I straight report police and arrange for sue case due to business sabotage or I still need to send him letter to ask him come back immediately to passdown and solve the data he deleted.

Additional info: Staff is a highly paid professional engineer.
He has been AWOL from work 3 days already.
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