The Formal Letter Of Warning To Employee is a critical document in South African employment law and HR practice, used when formal disciplinary action is required but termination is not yet warranted. It forms part of the progressive discipline process required under South African labour law, particularly the Labour Relations Act and the Code of Good Practice on Dismissal. This document should be issued after verbal warnings have proven ineffective or when the severity of the incident requires immediate written documentation. The letter must clearly state the nature of the misconduct or performance issue, reference relevant company policies, specify required improvements, and outline consequences of non-compliance. It serves both as a formal notification to the employee and as evidence of fair procedure should further disciplinary action become necessary.
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1. Letter Header: Company letterhead, date, reference number, and marked 'Private and Confidential'
2. Employee Details: Full name, employee number, position, department, and immediate supervisor of the employee
3. Subject Line: Clear indication that this is a formal warning letter and the level of warning (first, final, etc.)
4. Incident Details: Specific description of the misconduct or performance issue, including dates, times, and relevant details
5. Previous Discussions: Reference to any verbal warnings, counseling sessions, or previous written warnings
6. Company Policies: Reference to specific company policies, procedures, or standards that have been violated
7. Required Improvements: Clear statement of the expected behavior or performance standards that must be met
8. Timeframe: Specific period within which improvement is required and when the warning will be reviewed
9. Consequences: Clear statement of what will happen if no improvement is shown or if further incidents occur
10. Signature Section: Space for signatures of the issuing manager, HR representative, and employee, with date
1. Support Measures: Details of any support, training, or assistance that will be provided to help the employee improve - include when additional support is being offered
2. Appeal Rights: Information about the employee's right to appeal the warning - include when required by company policy or when dealing with union employees
3. Union Representative: Space for union representative signature and details - include when the employee is represented by a union
4. Performance Improvement Plan: Detailed plan with specific goals and metrics - include for performance-related issues rather than misconduct
5. Previous Warnings Summary: Summary of all previous warnings - include when this is not the first warning
1. Incident Report: Detailed report of the specific incident(s) that led to the warning
2. Relevant Company Policies: Copies of specific company policies that were violated
3. Meeting Minutes: Minutes from the disciplinary hearing or meeting where the warning was discussed
4. Performance Records: Relevant performance reviews or records supporting the warning (for performance-related issues)
5. Improvement Plan Template: Structured template for tracking required improvements and timelines
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