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Have you been given a written warning?

It’s not a good sign.

A warning is a part, or the start of, a formal disciplinary process.

The intended purpose of a written warning or a verbal warning is to prevent re-occurrence of inappropriate behaviour or misconduct.

Unfair DismissalIf you are given a Verbal Warning take careful note of what was said, by who, where you were and who else was there. 

The emphasis should be on what you have done wrong and what you should do to resolve it.  Written or verbal warnings are an opportunity to clear up the problem and set the worker on the right track. A verbal warning should be given in private.This just shouldn’t happen under New Zealand Employment Law.

What to do if you get a written warning?

If your employer is unhappy with your performance or something you have done at work, they may give you a warning.  The purpose of a warning is to warn you about your actions and allow you to improve your behaviour. A warning can be verbal or in writing.  Your Employer should give you information outlining the issue/incident or problem and give you a chance to respond.  More particular rules about warnings may be in your employment agreement.

Did you know you don’t necessarily get 2 warnings?

Often people think the law says that a person must receive two warnings before they can be dismissed. Actually, the law doesn’t have any such requirement. However, on the grounds of fairness, you should expect to receive some warning or warnings (verbal and/or written) before being dismissed (unless the issue is serious misconduct). Your employer will keep a record in your employment file of any warnings you are given.  It is common to have a limit on how long those warnings stay in your file – usually no more than 12 months.

And Often The Next Step Is A Disciplinary Meeting And Dismissal

We don’t want to scare you but quite often, especially if you are up to the second one, a Written Warning is just the first step in the dismissal process.   Unfortunately, at times the writing is on the wall and the employer is actually going through the motions to dismiss you.  You should contact us for advice, we can talk about what is going on, and advise you on how to handle the situation.  We can represent you (for an hourly rate) if you want to keep your job, or we can start negotiations for an exit package if you feel things have gone too far.

 

Don’t Panic, and Don’t Resign!  Get In Touch, it’s what we’re here for.

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Right from the first phone call Kam put me at ease. She took pages of information and arranged it in a clear, easy to understand and compact format.

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I recently had the need to engage with Jenifer Silva from Work Law NZ for assistance with an employment issue, and I cannot praise her enough for the outstanding support provided.

From the moment I reached out, Jenifer was not only professional and highly knowledgeable, but also incredibly compassionate and understanding of the horrible employment situation I found myself in.

Jenifer’s approach to resolving my employment issue was meticulous and very proactive. Jenifer ensured I was informed and aware of every step along the way. I was very impressed with her willingness to go the extra mile to safeguard my interests and to ensure an optimum and timely outcome.

I was not in a great space through this ordeal and it was comforting to find someone who not only excels in their field but also truly cares about people.

Thankfully the issue was resolved to my complete satisfaction all thanks to Jenifer’s skill and experience and her guidance along the way. I wholeheartedly recommend Jenifer Silva and the team at Work Law NZ to anyone seeking employment related legal guidance coupled with the human element.

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20/04/2024

I recently had the opportunity to engage with Sandy Ward from Work Law NZ for assistance with a sensitive employment issue, and I cannot praise her enough for the outstanding support she provided. From the moment I reached out, Sandy was not only professional and highly knowledgeable, but also incredibly compassionate and understanding of my situation. Navigating employment issues can be daunting, but Sandy’s expertise and reassurance made a significant difference. Sandy’s approach to resolving my employment issue was nothing short of meticulous. She was thorough in her research, strategic in her thinking, and clear in her communication, ensuring I was informed and comfortable every step of the way. Her dedication was evident in her prompt responses and her willingness to go the extra mile to safeguard my interests. Most importantly, Sandy’s empathy stood out in every interaction. She acknowledged the emotional complexities of my case and offered the perfect blend of legal and moral support. It’s rare to find someone who not only excels in their field but also truly cares about their clients as individuals. Thanks to Sandy’s exceptional care, the issue was resolved to my complete satisfaction. I wholeheartedly recommend Sandy Ward and the team at Work Law NZ to anyone seeking expert legal guidance coupled with a personal touch that is all too rare in the industry. Their commitment to client well-being and justice is not just a statement but a demonstrated hallmark of their service.

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