HABA: Warning Letters

Hair and Beauty Australia answers all your questions on warning letters.

sb10062585m-002Warnings letters are written documents that outline areas an employee needs to rectify and generally provide a time frame in which progress will be reviewed. Employers need to understand that they should not enter a performance management meeting with a warning letter pre-prepared or enter into a meeting with the intention of giving an employee a warning letter. Generally, an employer will need to provide the employee with a chance to respond and adequate time to comment on the situation before a warning letter is issued.

Warning letters need to provide details such as the time, date and the issue which is being addressed. It is important that the warning letter is expressed clearly in terms that the employee can understand – outlining any remedies which were discussed in the meeting. It is important that all employers keep a copy of warning letters as this may be used as evidence of a procedurally fair termination if an unfair dismissal claim is lodged against them.

Employers should know there is no ‘3 warning letter’ rule. Warning letters need to be provided as needed and you need to give your employees a reasonable time to rectify the situation. There is no general guide to the number of warning letters which is required to be given, however HABA suggests that employers should provide as many as they feel necessary to ensure that if an unfair dismissal does occur, they would be comfortable with the supporting documentation available.

For more information visit www.hairandbeautyaustralia.com.au

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