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Dismissal Warning Letter for Australia

Dismissal Warning Letter Template for Australia

A Dismissal Warning Letter is a formal document used in Australian employment law to notify an employee of serious concerns regarding their conduct or performance, and to provide a clear warning that their employment may be terminated if specific improvements are not made. The document must comply with the Fair Work Act 2009 and related Australian employment legislation, ensuring procedural fairness and clear documentation of the issues, expected improvements, and potential consequences. It serves as both a corrective tool and a legal record of the performance management process.

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Dismissal Warning Letter

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What is a Dismissal Warning Letter?

The Dismissal Warning Letter is a crucial document in Australian employment relations, used when an employee's performance or conduct has fallen below acceptable standards and formal intervention is required. This document typically follows informal discussions or verbal warnings and precedes potential termination of employment. The letter must align with the Fair Work Act 2009 and demonstrate procedural fairness by clearly outlining the issues, providing specific examples, setting clear expectations for improvement, and offering reasonable support and timeframes for change. A properly drafted Dismissal Warning Letter serves multiple purposes: it formally documents the employer's concerns, provides the employee with a fair opportunity to improve, and creates a record that may be crucial if termination eventually occurs. The document should be used as part of a broader performance management process and must consider any applicable enterprise agreements, awards, or workplace policies.

What sections should be included in a Dismissal Warning Letter?

1. Letter Header: Company letterhead, date, reference number, and addressee details

2. Subject Line: Clear indication that this is a formal warning letter

3. Current Role Details: Employee's current position, department, and reporting relationship

4. Specific Issues: Detailed description of the performance or conduct issues that have led to this warning

5. Previous Discussions: Reference to any verbal warnings or discussions about the issue

6. Expected Standards: Clear outline of the expected performance or behavior standards

7. Improvement Actions: Specific actions required from the employee to address the issues

8. Timeline: Clear timeframe for expected improvement

9. Support Offered: Details of any support, training, or resources being provided to help improvement

10. Consequences: Clear statement of potential consequences if improvement is not achieved

11. Closing: Invitation to discuss the letter and acknowledgment requirements

What sections are optional to include in a Dismissal Warning Letter?

1. Previous Written Warnings: Include when this is not the first written warning

2. Performance Improvement Plan Reference: Include when a formal PIP is being implemented alongside the warning

3. Union/Representative Rights: Include when the employee has union representation or when required by workplace agreements

4. Medical Requirements: Include when there are health-related factors affecting performance

5. Workplace Investigation Findings: Include when the warning follows a formal workplace investigation

What schedules should be included in a Dismissal Warning Letter?

1. Performance Data: Relevant performance metrics or incident reports supporting the warning

2. Meeting Notes: Notes from previous performance discussions or meetings

3. Performance Improvement Plan: Detailed plan outlining specific improvement targets and timelines

4. Acknowledgment Form: Form for the employee to sign acknowledging receipt of the warning letter

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Cost

Free to use
Relevant legal definitions





















Clauses




















Relevant Industries

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Information Technology

Financial Services

Hospitality

Transportation

Mining

Agriculture

Government

Non-Profit

Telecommunications

Relevant Teams

Human Resources

People & Culture

Employee Relations

Legal

Operations

Management

Administration

Workplace Relations

Compliance

Industrial Relations

Relevant Roles

Human Resources Director

HR Manager

People & Culture Manager

Employee Relations Manager

HR Business Partner

Department Manager

Line Manager

Supervisor

Team Leader

General Manager

Operations Manager

Chief Human Resources Officer

HR Coordinator

Workplace Relations Manager

Business Unit Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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