How to answer a show-cause letter?
Your employer wants a written explanation from you before deciding anything.
A show-cause letter is usually the first formal sign that your job may be at risk. How you reply becomes part of the record.
What is a show-cause letter?
A show-cause letter is a letter asking you to explain yourself, sent before your employer decides what to do about an alleged problem. It sets out the allegation and asks for your written response by a given date.
Receiving one is not the same as being dismissed. It is a chance to put your account on record before anything else happens.
Why does my reply matter?
Your reply becomes evidence, in your favour or against you, depending on what it says. If the matter later reaches the Industrial Court, the burden of proving just cause still sits with your employer, not you.1
A clear, calm reply that answers the specific allegation strengthens your position either way. A reply that ignores the letter, or that admits more than the facts require, can work against you later.
What should a good reply include?
Answer the exact allegation, point by point, rather than writing about your character or years of service. Attach any message, document or witness detail that supports your account to your reply to the employer.
Keep the tone factual and dated. State what you agree with, what you dispute, and why, so there is no ambiguity about your position.
What happens if I ignore the letter?
Ignoring a show-cause letter rarely helps. Your employer may treat silence as an admission, or move straight to a decision without your side on record.
If you need more time to prepare a proper reply, ask for it in writing rather than letting the deadline pass unanswered.
What comes after I reply?
Your employer may close the matter, call a domestic inquiry to hear the case in full, or proceed to a decision. Keep a copy of your reply and anything sent back to you.
If the outcome is dismissal, the usual 60-day window to act still applies from that date.2 You can work out your exact deadline once you know it.
Start organising your evidence and documents now, before a Section 20 representation becomes necessary. If you want a lawyer to review the allegation and your reply, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send a copy of the letter and the reply deadline directly to that lawyer.
If you have a show-cause letter and want a lawyer to review the allegation and how you should reply, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send a copy and the reply deadline. An independent lawyer can look at whether they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Do I have to reply to a show-cause letter?
You do not have to, but staying silent removes your only chance to put your side on record before a decision is made. A written reply, even a short one, becomes part of the file your employer and later a court may look at.
How long do I have to reply?
Your letter should state a deadline. If the time given is too short to respond properly, ask in writing for a short extension rather than missing the deadline altogether.
What should I actually write in my reply?
Stick to the specific allegation, answer it directly, and attach anything that supports your account. Avoid a long emotional letter; a clear, dated, factual reply carries more weight than one that argues your character in general.
What happens after I send my reply?
Your employer reviews it and decides whether to close the matter, call a domestic inquiry, or proceed straight to a decision. Keep a copy of what you sent and any reply you receive, since both may matter later.
Sources
- Once a dismissal reaches the Industrial Court, the burden of proving just cause or excuse rests on the employer, not on the employee. Mah Weng Kwai & Associates, Unfair Dismissal
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you have a show-cause letter and want a lawyer to review the allegation and how you should reply, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send a copy and the reply deadline. An independent lawyer can look at whether they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.