Documents · Glossary

What is a written warning at work?

A written warning is a formal record that an employer has told an employee their performance or conduct is not acceptable, what is expected instead, and what will happen if it does not change. It documents one step in a process rather than being a punishment in itself.

Employers reach for it when they have already run out of patience, which is usually too late for it to do its job. Its real value is as evidence that somebody was given a fair chance to improve.

Nuwan Madhusanka · Co-founder

6 min read · Published 12 September 2026

The steps in a performance process, and what each one records
Step	What happens	What is recorded
Informal conversation	The issue is raised directly and privately	A file note of the date and what was discussed
Verbal warning	A formal meeting stating the problem and the expectation	A file note, and often a confirming email
First written warning	The same, set out in a letter given to the employee	A signed letter, with a copy on the employee file
Final written warning	A statement that dismissal may follow if it continues	A signed letter, with the consequence spelled out
Termination	Employment ends, with notice or payment in lieu	The decision, the reasons and the process followed

What the letter has to contain

Five things, and leaving any of them out weakens the document considerably. The specific problem, described with dates and examples rather than as a character judgement, so paperwork incomplete on nine occasions in six weeks rather than careless attitude. The standard expected, stated plainly enough that the employee can tell whether they have met it. The support being offered, which might be training, a refresher session, a change of supervision or adjusted duties. A review date, giving a realistic period to improve. And the consequence if the standard is not met, which for a first warning is usually further disciplinary action and for a final warning is dismissal. Date it, sign it, and give the employee a copy.

Why the process matters more than the document

When the Fair Work Commission considers whether a dismissal was harsh, unjust or unreasonable, it looks at whether there was a valid reason, whether the employee was told the reason and given a chance to respond, and, where the dismissal was for underperformance, whether the employee had been warned about their performance beforehand. A letter produced at the end of a process that never actually happened does not help. What helps is a record showing that the concern was raised, that the employee was heard, that support was offered and that time was given. The letter is the trace of that, which is why it should be written during the process rather than reconstructed afterwards.

The meeting, and the right to a support person

A warning should be delivered in a meeting rather than by email, and the employee should be told in advance what the meeting is about and that they may bring a support person. Denying an unreasonable request for a support person is one of the factors the Commission considers. In the meeting, state the concern, give the employee a genuine opportunity to respond, and listen to what they say, because the response sometimes changes the picture entirely. A medical issue, a family circumstance, a piece of equipment that has not worked for a month or a supervisor who never passed on an instruction are all things that turn a performance problem into a different problem.

How many warnings, and how long they last

There is no legal requirement for a set number, and the common belief in three strikes is a workplace myth rather than a rule. What matters is that the process was fair in the circumstances, which for a minor performance issue usually means more than one chance and for serious misconduct may mean none. Warnings do not have a statutory expiry either. A sensible policy states how long a warning remains active, commonly six or twelve months, after which it stays on the file as history but is not treated as a live step. Relying on a warning from three years ago to justify a dismissal today is the kind of thing that gets examined closely.

Small businesses, which have their own code

A business with fewer than fifteen employees is a small business employer for these purposes, counting regular and systematic casuals and employees of associated entities. Small business employers have a separate dismissal code, and following it helps defend a claim. The minimum employment period before an employee can claim unfair dismissal is twelve months for a small business employer and six months otherwise. None of that removes the value of writing things down. A small business without a human resources function is exactly the setting where the file note and the warning letter are the only record that will exist in eighteen months, when nobody can remember the sequence of events.

Misconduct, which is a different path

Performance and conduct are handled differently even though the documents look similar. Underperformance is somebody trying and not meeting the standard, and the response is coaching, support and time. Misconduct is a breach of a rule or a duty, and the response is investigation then a decision. Serious misconduct, such as theft, violence or a serious safety breach, can justify dismissal without notice and without a prior warning, though a fair process, including telling the person what is alleged and hearing their answer, is still expected. Mislabelling one as the other is a common error, and it produces a document that gives the wrong impression of what actually happened.

Questions people ask

Does an employee have to sign a warning letter?

No, and refusing to sign does not invalidate it. Ask them to sign acknowledging receipt rather than agreement, and if they decline, note on the file that the letter was given and read to them, with the date and who was present. A witness to the handover is worth having for exactly this situation.

Can a warning be given by email?

The letter can be sent by email as a record, and the conversation should happen in person or by video call first. A warning that arrives with no discussion denies the employee a chance to respond, which is one of the things the Commission weighs. Where an employee is remote, a call followed by the written letter is the right sequence.

How long should an employee be given to improve?

Long enough to actually demonstrate change, which depends on the task. Four weeks suits a paperwork or punctuality issue; a complex skills gap may need three months with checkpoints. A period so short that improvement could not reasonably be shown looks like a step towards a decision already made, which is how it will be characterised later.

Can an employee respond to a warning in writing?

Yes, and they should be told they may. A written response goes on the file alongside the warning, and it sometimes raises matters the employer needs to deal with separately, such as a bullying complaint or a health issue. Ignoring a response is worse than never having invited one.

Does a warning have to be about something in the position description?

It helps a great deal, because the document is the shared statement of what the job requires. A warning about a duty nobody wrote down invites the answer that it was never part of the role. Keeping position descriptions current is one of the quieter ways of making performance management defensible.

What if the employee's performance improves and then slips again?

Deal with the fresh instance on its own facts, referring to the earlier warning if it is still within the active period stated in the policy. Restarting from zero after every improvement makes a process endless; treating a single relapse as a final step is unfair. A review date and a stated active period give a principled answer to both.

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Sources

Written and checked by the OneCraft team. Last checked 12 September 2026.