How many warnings must come first?
You were dismissed after few warnings, or none, and wonder if that is allowed.
How many warnings does the law require?
The law sets no fixed number, so be cautious of anyone who claims an exact count. What is weighed is whether your warnings were clear, documented and gave you a real chance to correct the issue.
The employer must still prove just cause for the dismissal, and a thin or missing warning history is part of what that proof has to address.1 A vague comment in passing is treated very differently from a written warning that names the specific issue.
What is weighed instead of a count?
Four things matter more than the number:
- whether each warning named a specific, correctable issue
- whether the warnings were spread over enough time to show improvement
- whether they were written down
- whether you could respond to each one
Where a dismissal is found unfair, back wages, where awarded, are capped at 24 months for a confirmed employee and 12 months for a probationer.2
How should you record your warning history?
List every warning in order, with its date, what it said, and whether it was written or verbal. Note who delivered it and where, since a private warning differs from one raised in front of colleagues.
If a warning felt like a formality, not a genuine attempt to help you improve, write that down while it is fresh. A dated note now is worth more than a clear memory next year.
What happens next?
Read about what a fair performance dismissal process looks like to compare with your own. If you want a lawyer to act, an employment lawyer can review your warning history and take the claim forward if it supports one.
If you were dismissed after too few warnings, or none, an independent employment lawyer can review the record and act on a claim if the process fell short.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Is there a legal minimum of two or three warnings?
No. The law sets no fixed number, whatever people assume. What matters is whether the warnings were clear, documented and gave you a real chance to fix the issue before dismissal.
Does a verbal warning count the same as a written one?
A written warning is easier to prove later because it records what was said and when. A verbal warning can still matter, but it is hard to establish without supporting notes.
Can I be dismissed with no warning at all?
In some cases yes, mainly for serious misconduct rather than ordinary performance issues. For performance, having no warning at all is a strong point to raise if you challenge the dismissal.
Do warnings need to be spaced out over time?
Warnings issued close together, with no time to show improvement, can look less genuine than a series spread over a reasonable period. Note the spacing in your account.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
If you were dismissed after too few warnings, or none, an independent employment lawyer can review the record and act on a claim if the process fell short.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.