Warning Letter to Employee

How to write an effective warning letter for employee?

Warning letters are an effective way to address and document performance or conduct issues with an employee. Typically, you issue a warning letter after a meeting where the problem is discussed. This approach is instrumental in resolving issues before they escalate.

While there are no legal mandates for formal written warnings or a specified number of warnings, the Fair Work Commission considers the following to assess if a dismissal was unfair:

Whether the employee was warned about their performance or conduct issues.
Whether the employee was given a reasonable opportunity to improve.
For more guidance, refer to below sample letters to guide on managing underperformance. If you're uncertain about handling a performance or conduct issue, consulting a lawyer or your employer association is advisable.

Note that in cases of serious misconduct, warnings might not be suitable. In such instances, consider using the Termination of employment (summary dismissal – serious misconduct) template and seek professional advice.

For Small Business Owners:

If you run a small business, adhere to the Small Business Fair Dismissal Code when terminating an employee. Using a structured template letter can help ensure compliance.

Steps to Prepare a Warning Letter:

Step 1: Identify and Analyze the Problem

Define the performance or conduct issue clearly. Consider the severity, duration, and the corrective actions you plan to take.

Step 2: Meet with the Employee

A meeting is crucial to:

Identify and address issues promptly.
Set clear expectations.
Collaborate on solutions for improvement.
Inform the employee in advance about the meeting's purpose and offer the chance to bring a support person. The letter templates guide you on managing underperformance provides additional insights into this process.

Step 3: Draft the Warning Letter

Your warning letter should include:

Specific details of the concern.
Discussions held with the employee regarding the issue.
Employer’s commitment to assist.
An action plan for the employee.
A reasonable timeframe for implementing improvements.

Use the warning letter templates below for guidance, replacing placeholder text with specific details pertinent to your case.

Step 4: Deliver the Warning Letter

Ensure the employee receives the letter and document the delivery process. If suitable, have the employee sign the letter as acknowledgment of receipt, though this is not legally required.

Maintaining a copy of the letter in your records is crucial, as is following up to confirm understanding and receipt.

Important: Always document meetings related to performance or conduct issues using the appropriate templates. Avoid setting discriminatory or unreasonable targets or requirements. Seeking professional advice on discrimination and general protections is recommended.

By following these steps and documenting each stage, you protect both the employee's rights and your business interests.

Download our Warning letter to employee templates below and modify according to your preferences: