Warning letter

In my opinion show cause notice is not necessary, because he has admitted is guilty

Show cause is given to seek explaination from the employee about alleged misconduct. If the employee accepts his guilt,then show cause is an unnecessary empty formality.

A second show cause is always better with the essence of fair and natural justice, and once this is over penalty can be imposed on with the provisions of Standing orders of the Company.

Legally show cause and equiry is must before issue of any punishment irrespective of quantum.

Under standing orders domestic enquiry is necessary only for major punishments like dismissal.For smaller punishments like warning,suspension not exceeding 4 days,no enquiry is necessary and mere show cause is enough.In this case since the guilt is admitted,even showcause notice is not required and warning can be issued.However writted document where guilt is admitted is necessary in case the employee retracts from admission.

Dear Sirs,

There is one more query. Can he be fired (terminated), if he is under probation period without serving show cause notice to him?

Regards,

Avinash

Probation is meant to judge the suitability of probationer for job.To judge suitability one has to wait till completion of probation period.If the terminaton is challanged ,there should be material to show that decision was arrived at objectively.