The 3 Warning Traps That Could Unfairly Cost You Your Job

It’s one of the most common questions employees ask after being dismissed: “Did they even warn me properly?” In many unfair dismissal cases, the employer throws around the word “warning” as if saying it once makes the dismissal fair. But as the Fair Work Commission repeatedly makes clear, there’s a big difference between having a conversation and issuing a lawful, meaningful warning.

In fact, many workers don’t even realise they were being “performance managed” until it’s too late. Let’s break down how subtle traps in the warning process can lead to sudden dismissal—and why you may still have a strong unfair dismissal claim.

Trap 1: The “Feedback Disguised as a Warning”

You’re told in passing that you need to “be a bit quicker,” or that you “made a few mistakes yesterday,” but you’re never told it’s serious or that your job is on the line. A lawful warning must do more than mention performance—it must clearly explain the issue, what’s expected moving forward, and that your job is at risk if you don’t improve.

Employers who give casual feedback but call it a formal warning are relying on your silence as compliance. But if they never put it in writing or never gave you a chance to respond or improve, that warning may not count for much at all.

Trap 2: The "Sudden Step-Up"

Some employers ignore poor performance for months—then suddenly go nuclear. They might tell you, “You’ve had enough chances,” even if they never raised those issues before. According to guidance in professional HR resources, doing nothing about an employee’s performance over time can amount to accepting it. If you’re suddenly fired without any chance to fix things, that can be considered procedurally unfair.

If there’s been no real opportunity to improve or if the issue was never clearly identified as serious, the employer may struggle to show the dismissal was fair.

Trap 3: The "One-Size-Fits-All Warning"

Sometimes warnings are rushed, vague, or even recycled from a template. Employers might issue a letter with generic terms like “poor attitude” or “failure to meet standards” without spelling out what you did, when it happened, or what they expect you to do differently.

A lawful warning must be tailored to your actual conduct or performance. It needs to communicate clearly why your conduct is not acceptable and what the consequences are. If the employer can’t show that their warnings were real, specific, and fair, then those warnings may be meaningless in the eyes of the Commission.

So What Does This Mean for You?

If you were fired and told “but you had warnings,” ask yourself:

• Were you told clearly what the issue was?

• Did they explain how to fix it?

• Were you warned that your job was at risk?

• Did they give you time and support to improve?

If not, your dismissal could be unfair.

The Commission looks at all the facts—not just what your employer claims. If the process was rushed, unclear, or felt like a trap, you’re not alone. Many unfair dismissal claims succeed precisely because of warning issues like these.