How many warnings are needed before dismissal? Exposing 5+ warning myths…

If you're facing potential dismissal, you might be wondering how many warnings you should have received before this happens. As a general rule, employers are generally required to issue formal warnings, as well as the opportunity to improve prior to termination. Many people assume there are strict rules about how many warnings must be issued, but there are several myths surrounding this process.

Myth #1: Do Employers Need to Give Three Warnings?

 Contrary to popular belief, there is no legal requirement for employers to give three warnings before dismissal. There are no minimum number of warnings required, nor a fixed number mandated by the Fair Work Commission (FWC), but is one factor the Commission considers when assessing whether a dismissal was harsh, unjust or unreasonable.

Myth #2: Do Warnings Need to Be in Writing and Signed Off?

 Warnings do not need to be in writing or signed by you unless specified in your contract. While it’s best practice for employers to document written warnings, they can be issued verbally as long as the issue is clearly communicated to you. If you disagree with a warning, you have the right to respond in writing and keep a record of your version of events for your future protection.

Myth #3: Is Every Employee Entitled to a Warning Before Dismissal?

Warnings are generally required for issues like poor performance or misconduct, but they are not necessary for cases of serious misconduct. In cases of serious misconduct—such as theft, violence, or severe breaches of company policy—your employer can lawfully dismiss you immediately without prior warnings. This is known as summary dismissal, and it’s allowed when the misconduct is serious enough to justify immediate termination.

Myth #4: Is a Dismissal Automatically Unfair if No Warnings Are Given?

The absence of warnings does not automatically make your dismissal unfair. The FWC does not simply count warnings when assessing unfair dismissal claims. Instead, the focus is on whether the overall process was fair. This includes factors like whether you were informed of the issues, given an opportunity to improve, and allowed to respond to any concerns raised. Fairness is about the entire process, not just the number of warnings.

Myth #5: Does Length of Service Guarantee More Warnings?

While your length of service may be considered when determining the harshness of a dismissal, it does not automatically entitle you to more warnings. Historical warnings may be considered, but generally, a warning issued over 12 months ago is not likely to be viewed as valid. Length of service is one factor, but it doesn’t automatically create a right to additional warnings.

 Myth #6: Can a General Chat Be Considered a Warning?

Casual conversations cannot be considered official warnings. If a warning is issued, it must clearly communicate the seriousness of the issue, what improvements are expected, and the consequences if the issue isn’t addressed. A general chat or informal discussion does not meet the standard for a formal warning. If your employer doesn’t make the warning clear, it may not be considered valid.

The Bottom Line

 Warnings are an important part of the dismissal process, but there is no set number that guarantees fairness. What matters most is clear communication and being given a real opportunity to improve. Even in cases of serious misconduct, employers must ensure a fair process is followed, including providing you with an opportunity to respond to any allegations.

If you're uncertain about your situation or need advice regarding warnings or dismissals, seek guidance from Workplace Justice to ensure you understand your rights and receive unfair dismissal guidance.