skip to Main Content

Have you received a written warning?

Have you received a written warning? 

Did you think it was unfair? 

Do you know what your rights are?

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.

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.

Have you been pressured to sign a warning that is unfair?

Sometimes employers will try to “stitch up” a worker who they want to get rid of, and will use formal warnings as a way of creating “a paper trail” of evidence to justify a later dismissal.

You should know that you are not required to sign a warning letter and you should not do so if you consider the warning to be unjust or unreasonable.

However, given that the letter will form part of your employee record, you should seek an immediate explanation from your employer and address your concerns about the written warning.

Your employer is legally obliged to give you an opportunity to respond to any warnings related to your conduct or capacity.

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 you should remedy the situation.

Importantly, you should be given a reasonable amount of time to improve your alleged unsatisfactory conduct.

If you believe that the warning is unfair, you should seek urgent expert advice. 

How we can help

Our team of Australian employment lawyers at Industrial Relations Claims has extensive experience advocating for workers who are managing a dispute with their employer.

We can advise you how you can best handle your matter, and can advocate on your behalf during any formal workplace investigation.

In addition, we can draft written responses to warnings or correspondence you receive during and following a workplace investigation.

If you have been terminated after receiving an unfair warning, we may also be able to file a claim for unfair dismissal in the Fair Work Commission. 

This process could result in you receiving compensation or an apology from your former employer, and it could also result in you getting your job back.

Keep in mind that 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: February 2021


Please call our team at Industrial Relations Claims today on

1300 045 466

To connect with us, please follow us on

 

Back To Top