Staff Refuse To Accept Show Cause Letter

My staff refuses to accept the show cause letter issued to her for her misconduct in removing her immediate manager's access into the company's accounting system. She questions why such a letter is being issued to her. What should I do with this staff?

Thank you.
Regards,
Spikes

Dear Spike,

Before issuing a show-cause notice to the employee, did you discuss the issue with her? What are her views on the misconduct? Though we do not know the complete facts of the case, it appears that you issued the show-cause notice directly and are now facing backlash from her.

When the female employee refused to accept the show-cause notice, did you inform her of (a) the reasons for the issue and (b) the consequences of refusing to accept official communication? No employee is permitted to refuse official communication.

Do you have authorized Standing Orders (SOs)? The issue of accepting official communication is addressed in SOs.

Call the employee to your office a second time and explain the gravity of the misconduct. Issuing a show-cause notice should be done sparingly. If she continues to refuse to accept the notice, discuss with your MD/Director and explain that you may need to restrict her office entry and issue another show-cause notice for refusing to accept the previous one.

Regarding the Root Cause Analysis (RCA) of this incident, I have a few questions. How can a junior remove the access of an immediate Manager in the Accounting System? Generally, access control is managed by the IT department. Why was she granted permission of this nature in the first place? Consider this incident as a clue and review the access control procedures in totality.

Thanks,

Dinesh Divekar

1. Sir, the term "refused" on the cover of the letter, as recorded by the postman or delivery clerk/official deputed for the purpose, will mean that the person to whom the letter is addressed knows the contents of the letter. In such a situation, the said letter, in my opinion, can be treated as having been served on the concerned person.

2. However, to ensure that the person (who refused to receive the letter) may not contest the case on the grounds of non-service of the 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. I think that in e-mail, there are features that 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 of such features.

Dinesh Ji,

The query of the querist seems to be purely an academic question of a student of management. Otherwise, an HR Manager should not feel so handicapped that he does not know the ways and means to deliver a notice to the employee.

Perhaps, there are many freshers here who post hypothetical situations to get to know the opinion of professionals, like what Mr. Dhingra has opined!

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Perhaps there are many freshers here who post hypothetical situations to get to know the opinion of professionals, like what Mr. Dhingra has opined!

Hi Spikes,

Please let us know the details of the query. What Mr. Sundaram Sir has stated seems nothing but a hypothetical query. As an HR professional, he cannot issue the dismissal order until and unless the disciplinary proceedings are completed. It is also not known whether you are terminating from the services or transferring to another section, whether the employee is a probationer or a permanent employee of the organization. Misconduct cannot be decided without the completion of the procedures. If the employee is a probationer, he/she can be terminated subject to the terms and conditions of the services as laid down in the appointment order.

Please provide a clear picture of the case to enable us experts to give their opinion instead of hypothetical questions or assumptions. Since you are asking for the remedy for refusal of a show cause notice, you can call the employee and explain the facts mentioned in the notice. If despite that, he/she refuses 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 the notice board of the establishment, proceeding for disciplinary proceedings as per the provisions of the law.

Adoni Suresh

Sr. Executive (Personnel & Ind. Rels)

Labour Laws Consultant