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DE (DE)     29 November 2013

Need advise on a show cause received

Hello,

 

I received a show cause letter recently in which it is mentioned that I violated code of conduct on following count:

1) Failure to add logs on the same day

It is mentioned in our code of conduct manual that logs should be entered on the same day. However due to extremely high amount of work recently, it was not possible for me to add logs on the same day. And it is not just me, quite a few of us faced the same problem. However this show cause has only been issued to me and to no one else even though they entered logs as late as I did.

Technically speaking, I did violate code of conduct but because of high workload. This is shown as highly counterproductive to business and blown out of proportion and I am potentially facing termination here. And I think it's not because of the above cause but because I raised concerns with the handling of work by current management. I am absolutely certain that I will not get any resolution internally, I have tried highlighting this to senior management as well, so it will be a legal route that I'll have to take.

My question is:

1) Do I have any legal advantage if I can prove management is biased against me because they issued show cause to me but not to others even? Would a court even consider this argument considering that I did violate code of conduct?



Learning

 2 Replies

Kumar Doab (FIN)     29 November 2013

 

The show cause notice has been duly served upon you.

 

 

 

You should submit a fitting reply.

You are anticipating that you shall be vindicated.

 

Therefore you should approach your labor consultant/service lawyer now and show all the relevant records and documents and give inputs in person.

If it was not humanly possible to enter all logs and that is why many employees could not do it then your lawyer may advice to mention it and ask to withdraw the show cause notice in writing.

 

It is almost certain that company executive that has signed on show cause notice shall ask you to spell the names of other employees and it can be mentioned.

 

The lawyer that has seen all the docs and has analyzed your inputs can advice you the best.

 

Once the show cause notice is withdrawn you may/can switch over to any other employer with good HR practices without a blot on you.

 

If the company has a ‘Employees Union’, ‘Works Committee’ ‘Grievance Redressal Mechanism’ or if you are a member of trade union that can also be approached by you.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     30 November 2013

query is vague.  You have not disclosed who the employer is and what are the relevant facts


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