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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What our clients are saying

Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law

5.0 rating
November 27, 2020

I’ve had the unfortunate experience of having to go through an employment dispute twice. The first time was painstakingly difficult and emotionally draining with the advocate I chose. This time I chose Work Law and got Jenifer Silva. Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law. Even with attempts at constantly delaying the procedure by one party, she knew how to handle it. She is also more than willing to go to the ERA and beyond if necessary. She is sometimes extremely straightforward and blunt, but you can be assured that she will stop at nothing to make sure you get a more than satisfactory result. Highly recommended.

Dean

Response from No Win No Fee

Thank you very much for the review Dean, we really appreciate it. All the best for the future from Jenifer and the team at Work Law.

Jenifer was super supportive and validating

5.0 rating
November 18, 2020

Jenifer and the work law team were great. They were super supportive and validating through the stressful process and represented me justly. Thank you.

GD

Response from No Win No Fee

Thank you for the great feedback. We are very pleased we could assist you with your employment law issues. All the best, from Jenifer and the Work Law team.

Kam worked hard to achieve a great outcome

5.0 rating
November 16, 2020

I had the pleasure of working with Kam Bailey. She was extremely professional, helpful and worked hard to achieve a great outcome for my situation. She kept in touch and ensured I knew what was going on each step of the way. I am truly grateful for her assistance and work as I was going through a great deal of stress, Kam took all the stress away and dealt with everything which left me at peace that I didn’t have to worry about dealing with the issues directly myself. I recommend her and the company 100% if you need help with work situations. Quality work and great service! Thanks again Kam!

Annabel W.

Response from No Win No Fee

Thanks Annabel, we really appreciate the review of our services. All the best for the future from Kam and the Work Law team.

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