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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In the past year, we were verbally bullied and treated unfairly by our employers until we were redundant at will. With May’s help and support, we got the fairness we deserve. Her patience and experience make us more confident from the beginning. She uses her experience and ability to help us defend our rights with the law. Thank you May for your help, thank you work law.

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Response from No Win No Fee

We appreciate you taking the time to place feedback on the employment law advice you received and wish you all the very best for the future, from Sandy and the team at Work Law.

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22 November 2021

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