The Termination Warning Letter is a crucial document in Australian employment relations, typically used when an employee's performance, conduct, or compliance with workplace policies falls significantly below expected standards. This document forms part of a formal performance management or disciplinary process and must comply with the Fair Work Act 2009 and other relevant employment legislation. It is issued after informal attempts to address issues have been unsuccessful, but before proceeding to termination. The letter should document specific concerns, reference previous discussions or warnings, outline clear expectations for improvement, specify support measures and timeframes, and clearly state potential consequences. This documentation is essential for demonstrating procedural fairness and may be crucial evidence if the matter proceeds to termination and subsequent legal proceedings.
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1. Letter Header: Company letterhead, date, reference number, and address block for both employer and employee
2. Subject Line: Clear indication that this is a formal warning letter
3. Employee Details: Full name, position title, department, and employment start date
4. Issue Description: Clear and specific description of the performance issues or misconduct, including dates and specific incidents
5. Previous Discussions: Reference to any verbal warnings or previous discussions about the issue
6. Expected Standards: Clear outline of the company's expectations and required standards of performance or behavior
7. Required Improvements: Specific actions or changes required from the employee
8. Timeframe: Clear timeline for when improvements must be demonstrated
9. Support Offered: Description of any support, training, or resources the company will provide
10. Consequences: Clear statement of potential consequences if improvement is not shown, including possible termination
11. Closing: Signature block and contact details for further discussions
1. Reference to Specific Policies: Include when the warning relates to violation of specific company policies
2. Union Representative Notice: Include when the employee is entitled to union representation
3. Performance Improvement Plan Reference: Include when a formal PIP is being implemented alongside the warning
4. Medical Certificate Requirement: Include when the warning relates to attendance issues and medical evidence is required
5. Previous Warnings Summary: Include when this is not the first formal warning
6. Employee Assistance Program: Include when offering access to counseling or support services
7. Right to Respond: Include specific timeframe and process for the employee to respond to the warning
1. Performance Improvement Plan: Detailed plan outlining specific goals, metrics, and timelines for improvement
2. Incident Reports: Copies of relevant incident reports or documentation of specific events
3. Meeting Minutes: Records of previous performance discussions or counseling sessions
4. Relevant Policies: Copies of specific company policies that have been breached
5. Performance Data: Statistical or documentary evidence of performance issues
6. Training Schedule: Outline of any mandatory training or development programs required
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