How Should We Draft a Show Cause Notice for a Driver's Repeated Absences?

Dear Sir,

Brief facts are as under:

1) A driver on our payroll remained absent from duty from 09/11/2020 to 31/12/2020. We issued a warning memo to him on 08/12/2020.

2) By a letter dated 21/12/2020, he tendered an apology and rejoined duty on 01/01/2021.

3) He was absent from duty again from 05/06/2021. We issued another warning memo to him. In his response to the warning memo, he mentioned his and his mother's ill health. However, when our representative visited his residence, the driver was drunk and unable to communicate.

4) On 06/07/2021, we sent him a final warning memo. He acknowledged the same. Subsequently, he neither returned to duty nor responded to the final warning memo, and to date, he remains absent from duty.

Kindly provide the draft Show Cause Notice based on the aforementioned facts.

Regards,
Mayur P. Kulkarni

Dear Mayur P. Kulkarni,

Given the circumstances you described, it's essential to follow the correct procedure when issuing a Show Cause Notice. Below is a draft that you can modify as per your organization's policies:

Subject: Show Cause Notice for Unauthorized Absence

Dear [Employee's Name],

This is to bring to your attention that it has been observed that you have been absent from your duties since [date of last absence] without any prior notification or approval from the management.

Your unauthorized absence has caused operational difficulties and is a clear violation of our organization's policy for which you have been issued warning memos dated [mention the dates of the warning memos].

We have also taken into account your reply to our warning memo, where you mentioned health concerns for yourself and your mother. However, upon our representative's visit to your residence, it was found that you were under the influence of alcohol and unable to communicate.

This behavior is unacceptable and unprofessional. It not only disrupts the smooth functioning of the organization but also sets a bad precedent for other employees.

We expect an explanation from you within [mention the period - 3/7/15 days] from the receipt of this notice. In your response, please provide a reasonable explanation for your unauthorized absence and any mitigating circumstances that you would like us to consider.

Please note, your failure to respond to this notice may result in further disciplinary action, up to and including termination of your employment based on our company policy and as per the labor laws of India.

We look forward to your prompt response.

Yours sincerely, [Your Name] [Your Position] [Your Contact Information]

Points to remember:

- Before sending this notice, please review your company's HR policy and the Indian labor laws to ensure the process is compliant.
- Document all communications and actions taken in this regard for future reference.
- Give the employee a reasonable timeframe to respond to the show cause notice.
- The tone of the notice should remain professional and non-accusatory.