Can Employers Quote Abusive Words in Show Cause Notices? Legal Insights Needed

Can employers use straight abusive words (used by a worker during a verbal argument with another worker) in the show cause given to that worker? If not, under which legal provision can the employer be sued by the worker?

Thanks

Regards

You should mention unacceptable language or uncomplimentary words in the show cause notice but not the exact foul words used by the employee.
Pon

I was confused in understanding the requirement. Please correct me if I'm wrong - "A worker had used foul language for which he was served a show-cause notice with the same language used therein. There's no denial of the use of such language by the worker, but now the worker wants to sue his employer for inputting such language in the show-cause letter."

Though it's highly unprofessional to use such language in official letters, I'm wondering how a case can even be built upon this. Another instance is when the person suing has himself admitted or at least not denied using such words, and instead of rectifying the situation, the worker is thinking of suing.

I would strongly recommend this worker to immediately stop the idea of suing his employer on these grounds. Instead, if he has used such language, he should apologize and try to improve the entire work environment.

As a matter of fact, if the witness is available and the same was reported by the opponent with evidence, then in the show cause notice, the employer can mention the abusive words used by the worker.

"Including Abusive Words in Show Cause Notice"

"While arguing with your co-worker, you have said XXXXXXXXXXXXXXXXXXXX or words to that effect" can be included. It is not used by the HR or the employer, but it is reproduced as the same words used by the worker himself during the argument in the workplace.

Regards

Thank you for your comments. It is being stated that the worker is denying the use of abusive language against any of his co-workers. The personal manager included foul language in the show cause, which appears shameful upon reading. My concern is whether there is any provision in our law that prohibits the use of obscene words in writing.

Regards

You can take statements from witnesses related to the abusive language used by the accused workman. A greater number of witnesses will strengthen the statements against the accused employees.

Mr. Puneeth is correct in saying that while issuing the SHOW CAUSE NOTICE, it is essential to include the "incident and event," if any, in the notice. If there is any wrongdoing, it should be proven in the "Domestic Enquiry." If the delinquent employee is proven wrong, then evidence should be provided for it.

Regards,
PBS KUMAR

Reproducing Exact Words in Show Cause Notices

The exact words should be reproduced in the show cause notice as a quote. Before preparing the show cause notice, it must be ensured that the basic report contains those words. The same words are to be reproduced not only in the show cause notice but also in subsequent communications such as evidence recording in the domestic enquiry, findings, the second show cause notice, and the final order.

Regards,
M. Venkatraghavan

Hi Venkat, show cause notice is official. The accused might have used the most vulgar words and street layman-type words. Is printing those exact words in an official communication advisable? I am not in agreement with your version.

Regards, Pon

The show-cause notice should contain the exact details, including the verbatim communication in the same vernacular language as has been conveyed, to understand the severity of the misconduct. This alone would justify the initiation of disciplinary action. Any misconduct not mentioned in the initial show-cause notice but later added would not be upheld in the Labor Court. However, if no serious action is being contemplated for the misconduct, then it shall not be reproduced exactly.

Regards,
M. Venkatraghavan

Hi, instead of mentioning the abusive word in the show cause notice directly, I believe the concerned person could use "unparliamentary words" in the show cause notice. This term would be a good fit for all those using abusive language, gestures, or words.

If an employee has used abusive language in his interaction with anyone while at work and there is a written complaint to that effect, then you should mention the exact abuses hurled by the concerned workman, verbatim. There is nothing to feel bad or ashamed about it. This would only help you establish the seriousness of the charge leveled against the charge-sheeted workman.

Regards,
Vasant Nair

I hope you have arrived at a conclusion regarding how to frame a Show Cause Notice and whether to use abusive or vernacular language in the notice. If you have a written complaint from any employee, and the complaint includes the exact words used by the offender, then use those words as stated in the complaint. Otherwise, it's advisable to err on the side of caution.

Our experts have provided you with sufficient guidance on this issue. Therefore, let us close the thread at this point. Keeping it open further may only lead to more confusion.

Regards