Your employer can issue you with a show cause notice, which is usually written notice that you are required to attend a meeting and/or answer questions that relate to matters affecting your ongoing employment.

There are a number of reasons for which a show cause notice may be issued, including where:

  • You are alleged to have breached occupational health and safety laws or regulations, such as by use of illicit substances.
  • A complaint has been made against you in relation to workplace bullying or harassment.
  • You have been accused of misconduct, such as for dishonesty.
  • You are otherwise unable to carry out the inherent requirements of your employment.

When responding to this notice, you are entitled to natural justice, which means that you have the right to a fair hearing, the content of which includes, depending on the circumstances of the case:

  • Full particulars of any allegations made against you, such as when and where the incident(s) occurred.
  • The right to legal representation.
  • The right to respond to matters that impact adversely upon your case.
  • Adequate time to respond to such matters.
  • The right to an oral hearing.

You also have the right to adjudication of your matter that is free from actual or perceived bias.

You do not need to show that the adjudicator is actually biased, but that “the fair minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide”.