Have you received a written warning?
Workplace disputes can be extremely stressful, and workers often make silly decisions in response to a formal warning, which results in the termination of their employment.
If a formal investigation has commenced into your conduct at work, you should seek urgent expert advice.
Please contract our team of employment lawyers and industrial advocates at Fair Work Claims today.
A warning is the first step to terminating your employment
If you have received a formal warning at work – whether it’s verbal or written – you should take it extremely seriously.
A warning is a sign that your boss is extremely unhappy with your work and/or your attitude or conduct.
In many cases, a warning is the first step to terminating your employment.
If it is valid, you should take immediate steps to address your performance, conduct and/or attitude which has been highlighted by your employer.
Formal warnings can be unfair
Sometimes employers will use formal warnings as a way of creating “a paper trail” of evidence to justify a later dismissal of a worker they want to get rid of.
Workers are not required to sign a warning letter and should not do so if the warning is unjust or unreasonable.
Employers are legally obliged to give a worker the chance to respond to any warnings related to their conduct or performance.
What makes a warning letter unfair?
A warning letter is unfair if it is vague about the reasons for the warning and does not provide any direction as to how an employee can remedy the situation.
Importantly, a worker must be given a reasonable amount of time to improve their alleged unsatisfactory conduct.
If you have received a warning that is unfair, you should seek urgent expert advice.
How we can help
Our team of Australian employment lawyers and industrial advocates at Fair Work Claims has extensive experience assisting workers who have received a formal warning.
We advise workers how to best handle the matter, and can advocate for them in formal workplace investigations.
In addition, we can draft written responses to warnings received by workers.
We can also file claims for unfair dismissal in the Fair Work Commission on behalf of workers who have been been terminated from employment.
Strict time limits apply – you only have 21 days after the date of your dismissal to file an unfair dismissal claim, so don’t delay!
LAST UPDATED: March 2021
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