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.
If 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.
CONTACT US FOR A FREE CASE EVALUATION
You can trust us to listen
Statistics prove that legal representation for employees by an employment lawyer or employment law advocate improves your chance of a successful outcome.
You have nothing to lose by having a free consultation with an Employment Law Advocate.
You can email us using the form below. When you receive the automated reply to your email please reply and attach any correspondence you have received from your employer.
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