You have one free articles for this month. Sign up for a CCIWA Membership for unlimited access.

Satisfactory warning is a must

By Michelle Pittorino

Sometimes an employer considers it appropriate to issue a formal warning about an employee’s poor performance, and how each case is approached will depend on the circumstances. 

A written warning usually forms part of a broader performance management process. 

When drafting a written warning it is important it specifies the performance issues which are of concern, that were raised with the employee in the disciplinary meeting.  

It should also include the employee’s response to the issues raised and the employer’s consideration of the response.    

The warning should outline a reasonable timeframe for the employee to improve their performance, and what the expected performance standard is. 

The letter can also include the steps the business has taken to support the employee. 

The employee should also be notified that if their performance doesn’t improve, their employment is at risk of termination.  

If performance doesn’t improve and ultimately the employment is terminated then, it is important to keep in mind that written warnings will form the basis of documentary evidence that a fair process was followed.  

This is critical should an unfair dismissal claim, or other claim type, arise post-employment. 

Sometimes an employer considers it appropriate to issue a formal warning about an employee’s poor performance, and how each case is approached will depend on the circumstances. 

You may also be interested in

FWC case study – Craig Perkins v iFab Steel
FWC case study – Craig Perkins v iFab Steel
Our experts examine an unfair dismissal claim where the employee had been terminated due to numerous missed deadlines, unauthorised absences, unsatisfactory work and negative client...
Read more »
Workers’ compensation laws – insurance and income compensation explained
Workers’ compensation laws – insurance and income compensation explained
Is your business prepared for the new workers’ compensation laws? With a start date of July 1, 2024, looming our WHS team examines the rules...
Read more »
Managing medicinal cannabis in the workplace
Managing medicinal cannabis in the workplace
Since medicinal cannabis was legalised for prescribed medical uses in 2015, its rate of use continues to grow. But what are the work health and...
Read more »