Performance Management - Written Warnings

[sylvia]

Hi,

I was just wondering whether anyone knew the rules around written warnings.

I was told that each time i wanted to give an employee a written warning it had to be for the same issue otherwise a new written warning would have to be given.

For example: I have an employee that is already on one written warning and will be receiving another one soon. However, the second issue is completely different to the first issue so do i need to issue a separate first written warning?

I have always done this differently in previous organisations so just wanted to double check. In my mind this defeats the purpose of written warnings because one employee can have multiple first warnings on different issues.

[brookebowrey]

I think the main point is that you are documenting all your issues with this person to cover yourself..

If it got to the point where you wanted to dismiss them, as long as you have given them sufficient time to correct themselves all your evidence is there to justify their dismissal

[sylvia]

Hi,

Thanks for your response brookebowrey.

I know that legally the whole process of written warnings is not required, it really is about documenting everything and giving the employee the opportunity to respond and improve.

Im just confused about the process around issuing first, second and third warnings. In my previous companies we issued these warnings regardless of the issue. However, in my new organisation they seem to issue written warnings separately based on the issue at hand.

[Moz]

Originally Posted by sylvia

However, in my new organisation they seem to issue written warnings separately based on the issue at hand.

In my opinion that's ridiculous. As you say a rogue employee could do all sorts of different things that warrant a warning and cumulatively warrant dismissal.

I can't offer you any advice, but surely common sense would suggest that your latest employer has got it wrong and that a second "offence" warrants a second and final written warning.

This issue is an indicator of how little employers understand the Fair Work Act and how fearful many HR people have become of falling foul of it. This isn't a criticism of you Sylvia, more a critical observation of the affect of continually changing employment law, where we can no longer assume that common sense applies!

[sylvs]

Hi Moz,

Thanks for your response. I am so glad you agree with me!

I find it very bizarre how this place operates and im trying to change it.

You are completely right in saying that HR professionals are getting very soft and fearful when it comes to making difficult decisions. This is having a wider impact on the HR community as organisations will start to view HR as soft, non influential and unable to make critical business decisions in time of need. We are just slowly now trying to gain respect from senior managers that HR is a viable and necessary function in organisations and this is now putting us back again.

Anyway thats enough whinging from me

[HeidiC]

I would suggest that you write up the written warning as broadly worded as possible such as:
1. Unprofessional Behaviour
2. Breach of Code of Conduct
3. Insubordination
4. Disruptive Behaviour affecting Performance
5. Harassment
7. Poor Performance
8. Failure to Follow Instruction

......and so forth. That way the other warnings can be broadly linked to either behaviour or performance and allows you to take the next step to final warning even with two differing (but similar in nature) incidents.

Just a suggestion - hope that helps.