Employment Warnings in Australia – When Are They Appropriate?

Author: Megan Adams, Progressive Legal

If you have employees, you have probably had to issue a warning to someone at some point in time. There are a lot of misconceptions in Australia about what employment warnings are appropriate, when they are appropriate, and what you should do in order to issue them.

On this page, we’ll help employers navigate the area of issuing warnings to employees and identify when a warning is appropriate. 

Are the laws surrounding the process of employment warnings process?

A common misconception in Australia is that there is a legally prescribed regime that all employers must follow in order to go through a warning process leading to termination of an employee. In reality the decision to issue a warning whether it is verbal or written is highly circumstantial.  

The warning process also varies based upon an employer’s individual policies and procedures. You should always follow your written policies and procedures when issuing warnings to employees. 

For expert guidance on workplace policies and procedures, click here.

When should I issue employment warnings?  

The main reason employers should issue should consider issuing warnings to employees is so that employees are on notice of anything that they need to change regarding their work performance or conduct. The purpose of these warnings is to put an employee on notice their need to improve. If an employee’s job is at risk because of the matter in the warning, the warning should clearly state that. 

Sometimes a first and final written warning maybe issued if conduct is severe to warrant it.  

If an employee’s conduct is extremely serious dangerous or otherwise immediately harmful to the business, the employee, or others, in some situations, you may be able to terminate an employee without issuing a warning. 

Terminating an employee without a written warning is a very serious step that greatly increases the employer’s exposure to an unfair dismissal claim. This should only be done in the most severe of circumstances. Best to seek legal advice quickly if you plan to do that and this is where we can help you. It’s always good to run a decision that needs to be made urgently past someone impartial and unbiassed. Usually there is also some emotion in these decisions as well especially if the conduct is so egregious.

What are best practices in issuing employment warnings? 

It is best practice to record when employees are given a warning in writing and in the employee’s file. This is not for the purpose of punishing the employee down the track if the employee has another performance or conduct issue, but for the purpose of good record keeping. 

Reasonable warnings will help an employer demonstrate that an employee was treated fairly if the employee ever contests their treatment. 

Warnings should explain exactly why the employee is being warned, what is expected of the employee, and the timeframe for improvement. There is no one-size-fits-all formula for warnings – some conduct and performance issues may need to be remedied immediately; some may require sustained progress over time. 

The warning should also state the possible outcome if the employee fails to heed the warning (including the possibility of termination – this can be hard to say to an employee, but it must be done).  

Warnings should only be given after an investigation and after you have given an employee an opportunity to respond to allegations.   

The Key Takeaway

It can be extremely difficult for managers to issue warnings to employees because these are people they work with every day and in small businesses oftentimes relationships are tighter than they would be in large businesses. 

If you are experiencing an employee with disciplinary problems who needs a warning here or if you have any questions about the warning process please make an enquiry below or contact our office at 1800  820 083 to speak to one of our experienced employment lawyers.  

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