To write a warning letter to an employee, set out four things. Say what the specific problem is, with dates and examples. Record what the employee said when you raised it. State what has to improve and by when. And make clear that their job is at risk if nothing changes.
That last point is the one most letters miss, and it matters. If the employee is later dismissed and brings an unfair dismissal claim, a vague warning can count for very little.
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01 What is a written warning?
A written warning is a formal letter from an employer telling an employee that their performance or conduct isn't meeting the required standard. It sets out what needs to change and by when, and warns that their employment is at risk if it doesn't. It goes on the employee's file and is often relied on if the employer later decides to dismiss.
02 How serious is a written warning?
Very. A written warning goes on the employee's record and is often the last step before dismissal.
It also carries weight in the Fair Work Commission. When an employee is dismissed for unsatisfactory performance, section 387 of the Fair Work Act 2009 requires the Commission to consider whether they were warned about it first. The Commission's guidance on warnings says a warning has to make clear that the employee's job is at risk unless things improve. It also looks at whether the employee had a fair amount of time to improve between the warning and the dismissal.
If you have fewer than 15 employees, the Small Business Fair Dismissal Code applies. Under the Code, outside of serious misconduct, the employee needs a reason why they're at risk of being dismissed, a chance to respond, and a reasonable chance to fix the problem. A clear written warning is the simplest way to prove you did all three. The Commission's unfair dismissals benchbook explains how it applies the Code.
03 How to give an employee a warning: before you write
The letter is the last step, not the first. Do these things before you put anything in writing:
- Check the facts. Collect dates, emails, rosters, customer complaints or whatever records show the problem. If two people describe the same incident differently, speak to both.
- Hold a meeting. Tell the employee in advance what it's about, so they aren't caught off guard.
- Offer a support person. The employee can bring someone to the meeting. Unreasonably refusing a support person is one of the things the Commission considers in an unfair dismissal claim.
- Let them respond. Put the concerns to them and listen to their side. There may be a reason you didn't know about, such as a health issue, a caring responsibility, or unclear instructions.
- Check the award or enterprise agreement. Some set out a disciplinary process you have to follow, and your own policies may add steps too.
One rule above the rest: decide the outcome after you've heard the employee, not before. If the letter is already printed before the meeting starts, the meeting wasn't a real chance to respond, and a tribunal will see that.
04 How to write an official warning letter to an employee: what to include
Date, employee details and who is issuing the warning
Include the date, the employee's full name and role, and the name and position of the person issuing the warning. Mark the letter private and confidential.
The specific problem: dates, facts and examples
This is the core of the letter. Describe exactly what happened and when: "You arrived after your 8 am start on 3, 10 and 17 September", not "your punctuality has been poor". The Commission has said that simply asking an employee to improve doesn't count as a warning. The letter needs to identify the actual problem.
Previous conversations or warnings
List any earlier discussions or warnings about the same issue, with dates. This shows the letter is part of a fair process, not a surprise.
The employee's explanation
Summarise what the employee said in the meeting and why it doesn't change the outcome. If it does change part of it, say so. Recording their response shows they had a real chance to answer.
What must improve and by when
Set out the standard you expect in terms the employee can measure, and a realistic timeframe. A week is rarely enough to fix a performance problem. A month or more is more realistic for most roles.
Support you'll provide
Training, coaching, regular check-ins, clearer instructions or adjusted duties. Offering support strengthens the warning and gives the employee a genuine chance to succeed.
Consequences: say clearly that their job is at risk
Don't hint. Say it: "If your performance does not improve to the standard set out above, further disciplinary action may be taken, which may include the termination of your employment."
Review meeting date
Set the date when you'll meet to review progress, and put it in the employee's calendar.
Acknowledgement and signature
Ask the employee to sign to confirm they've received the letter. That's not an admission that they agree with it, and the letter should say so. Give them a copy and keep one on file.
Every one of these sections is already in our template. Get the employee warning letter template →
05 Written warning examples: sample wording
Here is how to give a written warning to an employee, with example wording for four common situations. Adapt the details. These show the tone and level of detail to aim for.
First warning for poor performance
On 4, 11 and 18 September, the weekly stock reports you prepared contained errors in the totals, which meant orders had to be corrected after they were sent. We discussed this on 22 September, and you explained you had been unsure about the new spreadsheet. We will give you training on it by 30 September. From 1 October, your reports must be error-free. We will review this on 31 October. If the required standard is not met, further disciplinary action may follow, which may include termination of your employment.
Warning for unprofessional behaviour
On 2 October, you spoke to a customer in a raised voice and used inappropriate language after a delivery was delayed. This was witnessed by two colleagues and the customer has complained in writing. You told us you were under pressure that day. We understand that, but this conduct does not meet the standard expected of you. You must treat customers courteously at all times. Any further incident may lead to further disciplinary action, which may include termination of your employment.
Warning for disrespectful behaviour
In team meetings on 9, 16 and 23 September, you interrupted colleagues repeatedly and dismissed their suggestions as "pointless". Two team members have raised this with us. When we met on 25 September, you said you did not realise how it came across. From now on, you must allow colleagues to finish speaking and respond to their ideas respectfully. We will review this in four weeks. Further incidents may lead to further disciplinary action, which may include termination of your employment.
Final warning
This is a final warning. On 5 August, you received a written warning about arriving late for your rostered shifts. Since then, you arrived late on 2, 9 and 16 September without notice or a reason. You have not given an explanation that changes our view. If you arrive late again without a reasonable excuse, your employment is likely to be terminated.
06 Examples of disrespectful and unprofessional behaviour at work
These are the situations that most often lead to a conduct warning:
- •Being rude or dismissive to customers or clients
- •Swearing at or shouting at colleagues
- •Ignoring reasonable instructions from a manager
- •Repeated lateness or leaving early without permission
- •Sending inappropriate messages or posts about colleagues, including on group chats and social media
- •Repeatedly interrupting, belittling or excluding team members
- •Using work time or equipment for personal business after being told not to
If the behaviour is harassment, bullying or discrimination, a standard warning letter isn't enough on its own. Follow the process in your anti-discrimination policy, which should set out how those complaints are investigated.
07 What happens after a warning letter?
How long is a written warning valid in Australia?
There's no fixed legal period. The Fair Work Commission looks at the circumstances, including how much time passed between the warning and any dismissal, and whether the later problem is related to the earlier one. A warning from three years ago about a different issue will carry little weight. Many workplace policies say a warning stays active for 6 to 12 months. That's common practice, not law, so if your policy sets a period, stick to it.
Can you dismiss an employee after a written warning?
Yes, if the problem continues after a fair chance to improve, and you follow a fair process for the dismissal itself. There is no rule that you must give three warnings first. For serious misconduct, such as theft, fraud, violence or a serious safety breach, dismissal can be justified without any prior warning, although you should still let the employee respond. When it gets to that point, put the decision in a clear employment termination letter.
Can you dismiss an employee after a verbal warning?
It's possible, but much harder to prove. If the employee disputes what was said, it's your word against theirs. That's why even a verbal warning should be followed by a short file note or email confirming what was discussed.
If things improve
Hold the review meeting anyway. Tell the employee the improvement has been noted and the review is closed, and confirm it in writing. Keep the warning on file. It still shows what happened if the same problem comes back.
08 Five mistakes that make a warning letter worthless
These are the problems that most often come up when a warning is tested in an unfair dismissal claim.
- Vague wording. "Your attitude needs to improve" gives the employee nothing to act on and gives a tribunal nothing to rely on. Name the dates, the incidents and the standard.
- Never saying the job is at risk. A letter that only asks for improvement may not count as a warning at all. Spell out that termination is a possible outcome.
- Deciding the outcome in advance. If the letter was written before the meeting, the employee's "chance to respond" was for show.
- No real chance to respond. The employee needs to hear the specific concerns and have a fair opportunity to answer them, with a support person if they want one.
- Ignoring the award, agreement or your own policy. If they set out a disciplinary process, skipping a step can undo an otherwise solid warning.
A template won't replace a fair process. It does make sure the letter itself doesn't leave any of these gaps.