Under the Employment Contracts Act, an employer must issue a warning before dismissing an employee for neglecting or breaching their obligations. Receiving a warning can evoke a range of emotions and raise many questions for employees. Here are answers to some of the most frequently asked questions about warnings.
When can the employer issue a warning?
A warning is a statement made by an employer to an employee that is more serious than a simple reprimand and is used if the employer believes that the employee has violated or neglected their work obligations. The purpose of a warning is to let the employee know that their conduct was unacceptable and that the employer would like them to change their behaviour. It also gives the employee an opportunity to correct their behaviour.
Examples of situations in which an employee may be given a warning include repeated tardiness, failure to perform work duties, inappropriate behaviour in the workplace, and breaching the employer’s instructions. The key element is that the employee has acted contrary to the obligations related to the employment relationship. The warning must be based on an actual, identifiable incident or practice.
Does a warning need to be given in writing?
The Employment Contracts Act does not require warnings to be given in writing – verbal warnings are also valid. In practice, however, a warning is usually given in writing because this makes it easier to show later on why the warning was given and when the employee received the information.
What should a warning contain?
A good warning should describe as clearly as possible why the employer is warning the employee. The warning should, therefore, specify the violation or negligence for which it was issued. Ideally, the warning should also mention what the employer expects of the employee in future. In addition, warnings often state that the employer may consider terminating the employment relationship if the employee’s behaviour does not change.
Can an employee refuse to accept a warning?
The employee has no obligation to sign a warning they receive. However, this does not invalidate the warning. In other words, the warning is valid, even if the employee disagrees with the reasons for it and refuses to sign the document. The purpose of signing a warning is usually to confirm that the employee received it.
Does the employer need to give three warnings?
The Employment Contracts Act does not specify how many warnings an employer must give before dismissing an employee. Thus, a single warning may be enough. The employer must treat everyone in the workplace equally. If the employer has previously given several warnings before starting the dismissal process, the employer cannot change their policy for an individual employee.
Do warnings expire?
The Employment Contracts Act does not specify an exact period of validity for warnings. However, the significance of a warning usually decreases over time, especially if the employee has performed their duties without issue since the warning. Each case must be assessed individually.
Can an employer dismiss an employee without issuing a warning?
Dismissing an employee without a warning is only possible under exceptional circumstances. If an employee’s negligence or violation related to the employment relationship is so serious that the employer cannot reasonably be expected to continue the contractual relationship, the employer may terminate the employment relationship without a warning. However, it should be noted that ordinary cases of negligence and violations such as absences, inappropriate behaviour, and poor performance require a warning.
I have received a warning. What should I do?
Always take a warning seriously, whether or not you think it is justified. Review the content of the warning carefully, and ask for further information if necessary. If you believe that the warning is incorrect or unreasonable, discuss it with your employer. In such a situation, you can write a response to the employer to give your views on the situation. The employer cannot be forced to rescind the warning, but it is good to have an open discussion with the employer about it. You can also discuss the matter with an employee representative in your workplace or a TEK lawyer.
If the matter later results in dismissal, the entire termination process and the grounds for termination are examined as a whole. This means that if a case goes to court, an employee cannot demand that the employer withdraw an individual warning. Instead, the legality of the warning is evaluated as one part of the dismissal process.
Warnings guide employees toward the right path
The purpose of a warning is not to punish the employee but to give them an opportunity to correct the identified problem and help them get back on track. A warning must be justified, sufficiently specific and issued without undue delay. From the employee’s perspective, it is important that the warning clearly identifies the issue and explains what is expected of them. Ideally, when handled thoroughly and in good faith, a warning helps prevent future conflicts and supports the continuation of the employment relationship.
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