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Notice to Show Cause Letter: How to respond

A Notice to Show Cause Letter is issued to an employee by their employer to explain and provide evidence for conduct that is considered to be a breach of workplace policies or unacceptable conduct in the workplace.

 

Generally, the letter outlines the details of the alleged misconduct or breach of workplace policy, the timeframe in which the employee must respond to the letter, the employee’s right to respond and the process that will be followed after the response is received, including any possible outcomes.

 

The letter should be taken seriously, failure to respond or provide a satisfactory explanation may result in disciplinary action, including termination of employment.

 

How To Respond To A Notice To Show Cause Letter
It is important for the employee to carefully review the allegations and gather any evidence or information that may support their response. Regardless of whether the employee believes the allegations to be baseless or unfair, they should provide a detailed explanation of their position and provide any supporting evidence or facts.
 
Typically, these letters also include a timeframe for the employee to respond. It is essential that the timeframe given is reasonable. If the employee considers that the timeframe is unreasonable, such as in the case where the letter is issued on a Friday afternoon and a response is requested by Monday morning, they should request an extension of time in writing.
 

The employee should also consider seeking legal advice to ensure that the response is effective and appropriately addresses the situation.

 

Termination After Responding To A Notice To Show Cause Letter

If after responding to a Notice to Show Cause Letter you are still dismissed, you may have grounds for an unfair dismissal claim. For more information on the process of making an unfair dismissal claim see our article Unfair Dismissal In NSW: Your Rights And Options.

 
Key Takeaways

If you would like more information or support with your Notice to Show Cause Letter, National Employment & Labour Lawyers have a dedicated team who can assist you with your employment matters. We offer a free and confidential initial consultation, where we can discuss your situation and provide you with tailored advice. Get in touch with us today!

Disclaimer: The information contained in this article is of a general nature and is not intended to be relied upon as, nor to be a substitute for, specific legal or professional advice.