Who can use this letter?

A show cause process is an important procedural fairness step when an employer is considering terminating an employee’s employment due to performance and / or conduct concerns.

An employer considering terminating an employee’ employment due to performance and/ or conduct concerns may use this show cause letter template.

Important Disclaimer

The information contained in this blurb is of a general nature only and is not, nor is it intended to be, advice on any specific professional matter.

In addition, terminating employment can be legally risky.

Before acting on the basis of any material contained in this blurb, we recommend that you consult your legal or professional adviser.

What is the purpose of this letter?

This letter is intended to formally notify an employee of concerns relating to their conduct or performance and that the employer is considering terminating their employment because of those concerns. The letter also provides the employee with an opportunity to respond before any decision is made regarding their employment. Some situations where this letter may be used include:

• Alleged breaches of a company policy, procedure, industry guideline, or other document governing conduct in circumstances where similar breaches have already been informally managed with the employee.
• Continued inappropriate, unprofessional, or otherwise unacceptable conduct in the workplace.
• Unsatisfactory performance in relation to the employee’s duties or responsibilities, where these issues have been the subject of a performance improvement plan or similar.
• Otherwise engaged in misconduct in the performance of their duties or in connection with the workplace.

The above list should be seen as a guide only. Whether termination of employment is an appropriate response to any of the above concerns will depend on the specific circumstances of each individual case.

This letter should not be used for minor or informal matters that can be resolved through day-to-day management or which have not already been raised with the employee as a concern.

If you are unsure whether it is appropriate to use this letter in your circumstances, please seek legal advice.

Considerations for employers

Employers should carefully consider the particular circumstances of the employee (and performance / conduct concerns) before using this template. If there is still uncertainty regarding whether it is appropriate to use this template, please contact us.

This letter should be issued to an employee during or following a meeting to discuss their performance or conduct. The employee must be given clear allegations as well as a genuine opportunity to respond to the allegations.

Details of the employee’s performance or conduct should be included in the letter, including specific details where known. Ensure you avoid vague and general statements, such as “you have been displaying unprofessional behaviour”, give specific examples and how they are in breach of any policy/procedure.

Clearly state the deadline for the employee’s response and ensure they are given a reasonable timeframe to provide a response and who they should be responding to.

Details of prior disciplinary action taken in relation to the same or similar conduct should be referred to in the letter.

If you offer an employee assistance program (EAP) then it would be appropriate to provide these details to the employee when issuing them with this letter. If you do not have an EAP, we recommend that the details for Lifeline Australia are included.

Retain a copy of the letter and any responses for your records.

These matters can have significant legal and practical implications. You should exercise extreme care when issuing a show cause letter, and we strongly recommend obtaining legal advice before carrying out this process.

If you have any questions about using the template or require further guidance, please seek advice from HR Command.