05
When are warnings given and in what circumstances?
In circumstances where the reason given for an employee’s dismissal is connected with their performance (as opposed to a serious misconduct issue), it is usually necessary for the employer to give the employee a warning about their poor performance. There is a common misconception that three warnings are required to be given, however this is not necessarily the case as what constitutes a reasonable degree of warning will depend upon the circumstances.
Following the issue of the warning, the employer must generally allow the employee with a reasonable period of time in which to improve their performance. Where a warning has not been given or a reasonable time period has not been allowed to improve performance, the Fair Work Commission will often find the dismissal to have been harsh, unjust or unreasonable and therefore unfair.
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