Frequently asked questions about warnings to staff

It is vital for employers to grasp the nature of warnings and the impact they can have on employees’ behaviour, as well as the consequences of issued warnings in the workplace. By Xander Levendal.

Employers often have a lot of questions pertaining to warnings. Therefore it is vital to grasp the nature of warnings and the impact they can have on employees’ behaviour, as well as the consequences of issued warnings in the workplace.

A few questions commonly asked by employers include:

WHY SHOULD I ISSUE WARNINGS?

The courts have embraced the principle of corrective or progressive discipline, which views discipline as a tool for employees to understand the standards expected of them.

This method emphasises efforts to rectify employee behaviour through a series of escalating disciplinary actions, including counselling sessions and formal warnings.

Additionally, it is crucial to recognise that warnings function as a disciplinary measure that falls short of dismissal.

The issuing of warnings can serve as tangible evidence that the employer has diligently applied corrective actions, short of dismissal, in their efforts to address and rectify the employee’s behaviour.

WHAT IS THE PROCEDURE FOR ISSUING A WARNING?

Employers must provide employees with an opportunity to explain or defend their misconduct before issuing a warning. This process doesn’t necessarily require a formal hearing but can involve a discussion between the parties in the presence of a witness. Should the employee refuse to sign the warning, it is important to ensure that the witness signs the warning to confirm that it was issued and explained to the employee. The warning will still remain valid even if the employee declines to sign the document.

WHAT INFORMATION SHOULD BE INCLUDED IN A WARNING?

ȊȲThe identity of both parties; ȊȲThe nature as well as the date of the offence;

ȊȲThe period the warning will be valid for;

ȊȲClear statement of what action is required of the employee to rectify the situation; ȊȲClear statement of the consequences should the employee fail to rectify the situation.

CAN WARNINGS BE APPEALED?

Some employers’ disciplinary policies permit employees to appeal against warnings. However, even in cases where this option is not available, the affected employee has the right to escalate the warning to the Commission for Conciliation, Mediation and Arbitration. Should the arbitrator determine the warning to be unjust, they have the authority to revoke the warning.

FOR HOW LONG DOES A WARNING STAY VALID?

The validity period of a warning can vary depending on the employer’s policies and procedures, as well as the severity of the misconduct.

Typically, warnings remain on an employee’s record for a specified duration, after which they may be removed or expire. However, the exact length of validity is determined by a business’s internal policies. A general consensus for the validity period of warnings is as follows: Verbal warning (three months); written warning (six months); serious

written warning (nine months) and final written warning (12 months).

CAN EXPIRED WARNINGS BE USED IN PROCEEDINGS AGAINST AN EMPLOYEE?

It is clear from case law (NUM obo Selemela and Northam Platinum Limited case number JA25/11) that while expired warnings cannot serve as progressive steps directly leading to dismissal, they may still be considered as aggravating factors when determining an appropriate sanction after an employee has been found guilty of an offence.

EMPLOYERS MUST GIVE STAFF AN OPPORTUNITY TO EXPLAIN OR DEFEND THEIR MISCONDUCT

Warnings in the workplace are not just procedural formalities, they are essential mechanisms for fostering a culture of safety, accountability, and continuous improvement. Employers who keep these facts in mind when drafting and issuing warnings can ensure that they comply with legislation, that employees are given a fair chance at improving their behaviour, and that employees are aware that further disciplinary action may be taken against them if there is no improvement.

Maintaining discipline in the workplace is vital to maintain productivity and a positive working environment.

For all labour-related issues, phone the LWO Employers’ Organisation on 0861 101 828. Email the LWO at farmersweekly@caxton.co.za. Subject line: Labour.