Business Mentor, Consultant And Trainer
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Legal Analyst, Hrm
Sr.executive (per & Adm)
Soft Skill Trainer / Hr Consultant - India
Before issue of show cause notice to the employee, did you discuss issue with her? What are her views on the misconduct? Though we do not know the complete facts of the case but it appears that you issued the show cause notice directly and now you are facing backlash from her.
When the woman employee refused to accept the show cause notice, did you tell her (a) the reasons for the issue and (b) consequence of refusal to accept the official communication? No employee is permitted to refuse official communication.
Did you have authorised Standing Orders? This issue of acceptance of official communication is addressed in SOs.
Call the employee to your office second time and tell her gravity of the misconduct. Issue of show cause notice is done sparingly. If she refuses to accept the show cause notice then talk to your MD/Director and tell him/her that you need to block her entry into the office and you need to issue one more show cause notice for refusal to accept the previous notice.
As far as Root Cause Analysis (RCA) of this incident is concerned, I have few questions. How can junior remove access of immediate Manager in the Accounting System? Generally the access control is done by IT department. Why she was given permission of this kind in the first place? Take this incident as clue and review the access control procedure in toto.
17th October 2015 From India, Bangalore
2. However, to ensure that the person (who refused to receive the letter) may not contest the case on the ground of non-service of letter/show cause notice, it is essential, in my opinion, that the remarks of the peon/clerk who was deputed to serve the notice are recorded properly.
3.The said show cause letter can also be served through e-mail and I think, in e-mail also there are some features which can acknowledge that the sent letter has been delivered/read by the said person. Computer experts who operate e-mails in Outlook etc., I think, may know such features.
17th October 2015 From India, Noida
Please let us know the details of the querry. What Mr.Sundaram Sir, is stated is seems nothing but a hypothetical querry. As a HR he cannot issue the dissmissal order until and unless to complete the disciplinarh proceedings. It is also not known that whether you are terminating from the services or transfering to the other section. Whether the employee is Probationer or OPermanent employee of the organization.Misconduct cannot be decided without completion of the procedures. If the employee is on probationer he/she can be terminated subject to terms and coditions of the services as laid down in the appointment order.
Please give the clear pircture of the case to enable us experts can give their opinion instead of hypothetical questions or any assumptions. Since you are asking or the remedy for refusal of show cause notice. You can call the employee and explain the fac ts which are mentioned in the notice and try to made them understand and inspite of that he/she refuse to accept, then you can endorse on the notice as 'REFUSED TO ACCEPT AND HENCE DISPLAYED ON NOTICE PERIOD'." Put the signature along with two witnesses and display it on notice board of the establishment and proceed for disciplinary proceedings as per the provisions of law.
Sr.Executive (Personnel & Ind.Rels)
Labour Laws Consultant
23rd November 2015 From India, Bidar