Show Cause notice for an employee about to serve his notice - sexual harassment
CiteHRCiteHR
 
HOME RISE NEW TEAM →|

abhilashasen Started The Discussion:

Dear All,

Need your help ASAP.

I want to know whether a company can send a show cause notice to an employee who has submitted his resignation letter and has been briefed about the procedure for relieving.

The case:

In this case, the employee was warned for absentism and for taking unauthorised leave.

Secondly, this employee resigned on the grounds of getting a good offer.

His notice period as per his appointment letter is 3 months.

On briefing him again by the HR department about the relieving process, the resource without intimation has walked out of the premises and has not reported to work the next day.

Knowledge transfer, documentation, sign off for the deliverable assigned have not been completed.

In this case, can a company send this employee a show cause notice?

What can be the legal implications?

and can anyone send me a format for such a show cause notice.

Please reply at the earliest.

Kind Regards,

Abhilasha Sen

M.Peer Mohamed Sardhar -  Member Since: Jan 2007
Dear Friend,

Kindly click on the following link, it will give you some required information,

http://www.citehr.com/search_new.php...w+Cause+Notice

http://www.citehr.com/download-list....w+Cause+notice

Pls let me know was this information useful,,

If not let me try out more & give information,,,,

In CiteHR you will get A to Z information on HRů..

Regards

M.Peer Mohamed Sardhar
093831 93832

swastik73 -  Member Since: Oct 2005
Dear Abhilasha,

You can always take disciplinary action against an employee who is in the payroll of the Company. The offence could have been theft, sexual harassment etc. . In case of chronic absenteeism and also for other misdemeanors the main reason for Discplinary Proceedings is Corrective Action and not Punitive Action, so show causing in this case will not serve the purpose unless you plan to terminate his services(but his offence must be really serious to warrant termination).

Following things can be done:
1) Deducting pay for unauthorized absence(number of days he was absent without proper sanction) and short notice from Money Due.

2) Holding the Relieve letter till he serves his Notice Period.

Regards,
SC

octavious -  Member Since: Feb 2007
HI,
YES YOU CAN PROCEED AGAINST THE EMPLOYEE, PROVIDED THE POST HE/SHE WAS HANDLING SHOULD HAVE INVOLVED HIM TO HANDLE IPR AND GODWILL OF THE COMPANY DURING THE COURSE OF EMPLOYMENT.

AND ALSO THERE SHOULD BE A VALID PROOF THAT WOULD BE ABLE TO STATE THAT EMPLOYEE HAS ENOUGH DATA OR INFORMATION WHICH CAN BE PUT TO USE AND CAN HARM THE COMPANY EITHER BY THE EMPLOYEE HIMSELF OR BY ANY OTHER PERSON.

BUT IF THE EMPLOYEE CANT PROVE THE ABOVE MENTIONED CRITERIA, THEN PROVIDING A SHOW CAUSE NOTICE WOULD BACK FIRE ON THE EMPLOYER AND WOULD BE AT TIMES BE LIABLE TO PAY COMPENSATION FOR MENATL TORTURE.

I WOULD SUGGEST, THAT AS A HR PERSON ITS BETTER TO HAVE ONE ON ONE MEETING WITH THE PERSON, AND HAVE OPEN HERAT DISCUSSION, I WOULD PREFFER THAT THE DISCUSSION WOULD SERVE ITS MAXIMUM IF THE SAME CONDUCTED OUTSIDE OFFICE UNDER A CASUAL ENVIRONMENT

THANK
OCTAVIOUS

Dinesh Divekar -  Member Since: Nov 2006
Dear Abhilasha,

How the conditions of employment were communicated to the employees? Is it through appointment letter itself or is there any other communication? Has employee signed this communication?

You can send a show cause notice to the last known address of the employee. You need to mention the following in the letter:

a) Date of employment
b) Current designation
c) conditions of employment (conditions of separation)
d) Items in the custody of the employee.
e) Formalities required while separation

Do you have standing orders well in place? If yes, then you can mention the clause of the standing orders as well.

Do you know where employee got employment? If yes, then send the photocopy of this letter or a second copy of this letter to his/her new company as well.

If possible, talk to the new company's HR manager. Apprise him that the employee concerned did not do proper clearance. This will act as deterrence.

Thanks,

Dinesh V Divekar
9900155394

Mahr -  Member Since: Jan 2010
Dear Abhilasha Sen, Do check with the earlier post in regards to the topic asked... There are lots of samples on to the same topic...

Imran99 -  Member Since: May 2010
I want to add a little more because as I saw the replies I came to know that you are not picking my point of view therefore again mentioning here that I'm still employee as the Company free us after clearance but did you imagine I'm sitting from a year at home and still its clearance is not done though many times I had cleared each and every thing via Audit and one more thing I want to add here that just before giving a charge of my job four months earlier an Audit was done by the Company and it was all clear no issues were raised and later Manager accounts also had cleared me after the charge given by me but still my Co: pending my clearance from a year and a month is above also. look main problem is that the property where the Co: exists means which it had taken on low rent its agreement is going to expire and many times my Co: heads had said to me for Re-agreement as the property belongs to my relatives, so main cause of pending is Property. P{l. let me know how can I get my clearance and don;t want to work further with. And if I say that there's nothing can be done via property agreement they issues a notice to me and two notices been received by me for which I also had replied but still no response is received to my replies, don't know why? Can you give me any guide line in this regard what to do ?




 
 
 
 





POSTING RULES OF CONDUCT
  • Do not post anything derogatory about any company or person.
  • Sharing articles from other websites should be done by posting a link to the original article.
  • To discuss sensitive issues create a pseudo/anonymous account.
  • Please avoid repeat posting your company profile - such accounts are removed automatically.
  • Found This Useful? +Vote Up This Via Google.  

    Why Vote? User validation is extremely important for good content to prosper.
    Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.



    3M Users, 100K+ Documents & 450K+ Discussions

    Share »


    Cite.Co helps people come together to solve each other's problems on all aspects of professional life.
    Community Support & Professional Insights. Login or Register.
    Email/Username    
    Password  

    About Us - Advertise - Contact Us - RSS   On Google+  
    All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
    Privacy Policy | Disclaimer | Terms Of Service
    Facebook Page | Follow Us On Twitter | Linkedin Network