Two Written Warnings At Once, On The Same Issue

[cocacolaking]

I have a question I'm looking to get answered and hoping you can help.

I was given two written warnings today. For two separate instances of me not turning up to work and not informing anyone. But the 'first' of the two warnings was for something over a month ago. I believe if I had received the initial warning, the second would have never occurred.

Is my employer allowed to do this?

[ValCam]

what was the other warning about, how do you feel these two are related?

[ValCam]

As far as I know, The Act (2009) does not specify any information on the issue of warning by employer. My advise is to phone Job Watch on 9662 1933 or go to Welcome to JobWatch. There are relevant fact sheets on warnings and the service is for free. The key here is the relatedness of the warnings and if they can be compounded. Were you given an opportunity to discuss these issues with your employer. Keep communication open! Good Luck!

[Moz]

Originally Posted by cocacolaking

But the 'first' of the two warnings was for something over a month ago. I believe if I had received the initial warning, the second would have never occurred.

While I am no expert on the law, given that the warnings were for exactly the same thing I believe you have a very valid argument. A warning is just what it says - "don't do that again or else". By giving you two warnings at once they have deprived you of the opportunity to learn from the first warning and modify your behaviour.

Giving you the two warnings at once suggests they're gunning for you. But frankly if they dismissed you on the basis of these two warnings I suspect they would come unstuck if you challenged it.

[InisdeHR]

If I were you I would check the award/EBA - terms and conditions that cover my employment on the procedures for disciplinary warnings. If in doubt as to what award or agreement covers you please check your contract of employment which specifies the award/agreement.

I would have thought every employee has a right to be notified of their breach of conduct before issuing a warning in line with their awards or Enterprise Agreement whatever is applicable. Should this be the case and if the manager has indeed breached the procedure (/the policy) then the employee should be able to appeal this outcome to the next higher authority (i.e. if its a manager who issued the warning then the appeal should go to his/her manager).

If you are in a union, they should be able to help you with this. But if you are not in a union try the jobwatch as suggested by the other member or to be safe call the Fair Work Ombudsman.

[Magel]

Issuance of written warnings by Line Management must be timely, so it would not appear to the employees (being addressed) that the discipline management process is 'exercised in bad faith'. Line Management give written warnings (or disciplinary actions) to correct erring employees given that the internal process is alligned with the laws of the land.

In your case, though there is a proble cause to reprimand you on your unnotified absences, receiving both written warnings on the same issue and same time violates the principle of corrective disciplinary action and did not satisfy procedural due process.

On the part of Line Management who issued the warnings, they're just either being irresponsible or really intending to kick you out of the office. You better talk to a legal counsel to plan the necessary actions to get back to your employer.