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

Employer must request employees to work on public holidays
Employer must request employees to work on public holidays
Following a recent Federal Court decision, employers must ask employees if they can work on public holidays, instead of just rostering them on. Louisa Gardner,...
Read more »
Getting the most out of your tax return and ensuring compliance
Getting the most out of your tax return and ensuring compliance
The construction and hospitality industries are two industries being targeted by the ATO this financial year as the Federal Government bolsters its compliance powers to...
Read more »
Businesses face higher labour expenses due to shutdown period changes
Businesses face higher labour expenses due to shutdown period changes
Employers can no longer direct staff to take unpaid leave during shutdown periods, such as a Christmas.
Read more »