How to write a warning letter
A complete guide to writing effective employee warning letters that meet Fair Work requirements. Learn the process, essential elements, and common mistakes to avoid.
Written by
Georgia Morgan
General information only – not legal advice
This guide provides general information about writing warning letters in Australian workplaces. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
Why warning letters matter
A well-written warning letter is a critical part of managing performance and conduct issues. It documents that you've addressed the problem, given the employee a chance to improve, and clearly communicated expectations and consequences.
If an employee later claims unfair dismissal, the Fair Work Commission will look at whether you followed a fair process – including whether the employee was warned about issues and given an opportunity to improve. Good documentation protects your business.
How to issue a warning in 6 steps
Follow this process to ensure your warning is fair, clear, and defensible.
Investigate the issue thoroughly
Before writing a warning, ensure you have complete information about what happened.
Tips:
- Gather all relevant facts, dates, times, and witnesses
- Review any previous discussions or informal warnings
- Check your policies to confirm the behaviour breaches expectations
- Consider any mitigating circumstances the employee has raised
Meet with the employee first
Have a face-to-face conversation before issuing a written warning.
Tips:
- Explain the specific issue and give the employee a chance to respond
- Listen to their perspective – there may be context you're not aware of
- Advise them they can have a support person present
- Take notes of the discussion for your records
Decide if a written warning is appropriate
Consider whether the situation warrants a formal warning or if other action is more suitable.
Tips:
- Is this a first offence or a repeated issue?
- How serious is the conduct or performance issue?
- Have informal discussions been ineffective?
- For serious misconduct, a first and final warning or termination may be appropriate
Write the warning letter with required elements
Include all necessary information to make the warning clear and defensible.
Tips:
- Date of the warning and employee details
- Clear description of the issue (what, when, who was affected)
- Reference to relevant policies or expectations breached
- The required improvement and timeframe
- Consequences if improvement doesn't occur
Deliver the warning formally
Present the warning in a meeting and give the employee the document.
Tips:
- Schedule a private meeting to deliver the warning
- Allow the employee to have a support person present
- Explain the warning clearly and answer questions
- Give them the letter and ask them to sign acknowledgment of receipt
Follow up and document
Monitor improvement and keep records for future reference.
Tips:
- File the warning letter and meeting notes securely
- Schedule follow-up meetings to review progress
- Document any improvement or continued issues
- If improvement occurs, acknowledge it positively
Document warnings properly
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Essential warning letter elements
Include all these elements to create a comprehensive, defensible warning letter.
Date and recipient details
The date of the letter and the employee's full name and position
Date: 15 January 2025 To: John Smith, Sales Assistant
Subject line
Clearly identify this as a formal warning
Subject: First Written Warning – Attendance
Specific issue description
Detailed facts about what happened, when, and the impact
On [dates], you arrived late to your scheduled shifts at [times]. This resulted in [impact].
Policy reference
Reference the policy, procedure, or expectation that was breached
This conduct is inconsistent with our Attendance Policy, section 3.2.
Employee's response
Note what the employee said when given the opportunity to respond
In our meeting on [date], you explained that [summary of their response].
Required improvement
Clear, measurable expectations for what must change
You are required to arrive on time for all scheduled shifts, effective immediately.
Consequences
What will happen if improvement doesn't occur
If there is no sustained improvement, further disciplinary action up to and including termination may occur.
Support offered
Any assistance or resources being provided
Please speak with your manager if you need support with transport arrangements.
Acknowledgment
Space for the employee to sign receipt (not agreement)
Employee signature acknowledging receipt: _______________ Date: ___
Common warning letter mistakes
Avoid these pitfalls that can undermine your warnings and create legal risk.
Being vague about the issue
Problem: The employee doesn't understand what they did wrong or how to improve
Solution: Include specific dates, facts, and examples – not generalisations
Not giving the employee a chance to respond
Problem: Unfair dismissal claims may succeed if there was no procedural fairness
Solution: Always meet with the employee first and document their response
Threatening without following through
Problem: Warnings lose credibility if consequences never occur
Solution: Only state consequences you're prepared to follow through on
Inconsistent application
Problem: Discrimination claims if similar issues are treated differently
Solution: Apply the same standards and process to all employees
Not keeping records
Problem: No evidence to defend your actions if challenged
Solution: Keep copies of warnings, meeting notes, and evidence for 7 years
Related guides
More HR and compliance resources.
Frequently asked questions
- No, there's no legal requirement for three warnings. The Fair Work Commission considers whether the employee was given a reasonable opportunity to improve. For serious misconduct (theft, violence, fraud), termination without prior warnings may be justified. For performance issues, one or two documented warnings showing a chance to improve is generally expected.
- The employee is not legally required to sign. The signature acknowledges receipt, not agreement with the contents. If they refuse to sign, note this on the letter with "Employee declined to sign" and the date. Have a witness present if possible.
- Yes, verbal warnings are appropriate for minor issues or first occurrences. However, document verbal warnings in your records with the date, issue discussed, and agreed actions. If the issue continues, escalate to a written warning with reference to the prior verbal discussion.
- A first warning indicates this is the initial formal notice about an issue. A final warning indicates that further instances will likely result in termination. For serious matters, you can issue a first and final warning. The warning level should match the severity and history of the issue.
Regulatory sources
This guide is aligned with official Australian workplace regulations.
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