Three Strikes? What Employees Need to Know About Warnings

As an employee, receiving a warning or facing disciplinary action from your employer can be a difficult and stressful experience. It’s important to

understand your rights and responsibilities in such situations, as well as the employer’s obligations when it comes to warnings and disciplinary action.

First and foremost, it’s important to note that three written warnings are not always necessary before an employer can terminate an employee’s contract. In fact, an employer may choose to terminate an employee’s employment without any prior warning if the misconduct is serious enough to destroy the trust and confidence between the employer and employee.

Examples of such serious misconduct include theft, assault, serious health and safety breaches, and fraud. In these cases, the misconduct is usually so severe that the employment relationship cannot continue, and termination is the appropriate course of action.

However, in situations where the misconduct is not serious enough to warrant dismissal, the employer is required to issue a series of warnings before taking more serious disciplinary action. These warnings can be either verbal or written and should be about similar behavior. It’s important to note that each new allegation of misconduct should be treated as a fresh allegation, and the employee’s side of the story should always be heard before assuming guilt.

Regardless of the disciplinary action taken, the employer must follow a fair process. This includes putting the allegation to the employee, giving them the opportunity to have a support person present, and carefully considering their response. All meetings should be recorded in writing, and audio recordings or notes should be taken and shared with all attendees.

If you receive a warning from your employer, it should be recorded on your employment file, and a clear record should be kept to reduce the possibility of misunderstandings. If the warning is to remain on your record for a set period of time, the employer should make it clear that any repeat misconduct may result in further, more serious disciplinary action.

Warnings can also be issued in situations where an employee’s performance is poor and they have not met the expected standard after going through a performance improvement plan. However, this is a separate process from a disciplinary process for addressing misconduct.

If you’re unsure of how to navigate the disciplinary process, start by consulting your employment agreement and any applicable policy documents. It’s important to remember that getting the process wrong can be costly, time-consuming, and stressful, and may result in the employee raising a personal grievance and claiming compensation.

If you receive a warning or face disciplinary action from your employer, it’s important to remain calm and professional. Take the time to fully understand the reason for the warning or disciplinary action, and don’t be afraid to ask questions or seek clarification if necessary. If you feel that the process is unfair or that your rights have been violated, seek advice from an employment law professional.

It’s important for both employers and employees to understand their rights and responsibilities when it comes to warnings and disciplinary action. By following a fair process and treating each allegation of misconduct as a fresh allegation, employers can ensure that they are taking appropriate action while also protecting the rights of their employees. For employees, understanding the disciplinary process and their rights can help reduce stress and anxiety and ensure that they are treated fairly and respectfully.