How Many Written Warnings Before Dismissal?
There is no set number for how many written warnings before dismissal in Australian law, because fairness depends on the seriousness of the conduct, your policy and the award or agreement. The biggest mistake is counting warnings instead of checking whether there was a valid reason and a fair process.
Serious misconduct can justify dismissal without any warning, while ordinary performance problems usually need a clear warning and a chance to improve. This guide sits under our workplace misconduct guide.
How many written warnings before dismissal: step by step
Use this order for conduct or performance problems that are not serious misconduct. A rushed first warning on a busy Friday is the one that gets challenged later.
- Check the contract, the award or enterprise agreement and your written policy for any set steps, because they can require warnings before dismissal.
- Identify the specific problem with dates and examples, such as late starts on named days, and write it down before you speak to the employee.
- Invite the employee to a meeting in writing, tell them what it is about and say they can bring a support person.
- Explain the concern at the meeting and listen to the employee's response, then consider whether any explanation changes your view.
- Issue a written warning that states the problem, the standard expected, the support offered and what could happen if it is repeated.
- Set a review date, check progress in writing and record any improvement, so the employee can see the process is genuine.
- Escalate to a further warning or a final warning only if the problem continues, and repeat the meeting and response steps each time.
- Before any dismissal, give the employee a chance to respond, consider notice, and remember a claim must be lodged within 21 days.
How many written warnings before dismissal for small and larger employers
The same fair process applies to everyone. The qualifying period and the code that applies differ by size.
- Employers with 15 or more employees follow the general unfair dismissal rules, where employees need at least 6 months of service to apply.
- Employers with fewer than 15 employees can use the Small Business Fair Dismissal Code, and employees need 12 months of service to apply.
- A small business that follows the code properly, including a warning and a chance to improve, is better placed to defend a claim.
- Serious misconduct cases need credible evidence, so even a small business should investigate before it dismisses without notice.
- Labour hire workers are employed by the provider, so the provider issues warnings after talking with the host employer.
- NSW state public sector employees follow state rules, which can set their own warning steps and timeframes.
How long does a written warning last in Australia
No national law sets an expiry date. The period comes from your policy, contract or award, and the letter should say how long it stays active.
- Check the policy or enterprise agreement first, because some say that a warning lapses after a set period without further problems.
- If the policy is silent, state a review period in the letter so the employee knows when the warning will be reassessed.
- An older warning carries less weight when a later incident is unrelated, so the employer should not rely on stale warnings.
- A warning for a safety breach may stay relevant for longer, because the risk to other workers remains.
- Keep the warning on the personnel file, even after it lapses, so the record is complete if a dispute arises.
- Employees can ask for their warning to be reviewed if they think it was unfair or the period is too long.
Letter of concern or warning letter
A letter of concern is usually an early, informal step. It tells the employee about a worry and invites improvement without a disciplinary finding.
| Document | Purpose | What it should include |
|---|---|---|
| Letter of concern | Raises an issue early and offers support, without a formal finding | The concern, examples, the expected standard and a follow-up date |
| First written warning | Records a formal finding that a standard was not met | The facts, the response, the policy and the consequence of repeating it |
| Second written warning | Records that the problem has continued after the first warning | The history, the support given and the next step |
| First and final warning | Used for serious conduct where one more incident may lead to dismissal | The seriousness, the response and a clear statement of the risk |
| Termination letter | Ends employment after a fair process | The valid reason, notice or pay in lieu and the final pay details |
How many warnings before termination: employer and worker views
Both sides have duties and rights. Check these lists before the meeting.
- Employers must have a valid reason, follow a fair process and give the employee a real chance to respond before dismissal.
- Employers should apply the same standard to similar conduct, because unequal treatment can make a warning or dismissal harder to defend.
- Employers must give notice of termination unless it is serious misconduct, and pay in lieu of notice is allowed.
- Employees can ask for the allegations in writing and bring a support person to any disciplinary meeting.
- Employees should keep copies of warnings, rosters and messages, and respond in writing if they disagree with a warning.
- Employees who are dismissed can apply to the Fair Work Commission within 21 days if they believe it was unfair.
Warning documents and records
| Document | Who keeps it | For how long |
|---|---|---|
| Warning letter and meeting notes | Employer, with a copy to the employee | Keep with employee records for 7 years |
| Time and wage records | Employer | 7 years |
| Payslips | Employer issues; employee keeps a copy | Issued within 1 working day of payday |
| Employee's written response | Employer and employee | Keep with the warning on the personnel file |
| Support offered or training record | Employer | Keep with the warning on the personnel file |
Common mistakes to avoid
- Counting warnings as a formula, such as three strikes, when the law looks at the reason and the process and not the tally.
- Issuing a warning without telling the employee what is alleged or giving them a chance to respond first.
- Using vague wording like poor attitude instead of specific dates, examples and the standard expected.
- Skipping the review date, so the employee never learns whether they have improved or what happens next.
- Backdating a letter or rewriting notes after the event, which damages credibility if a claim is lodged within 21 days.
- Dismissing for serious misconduct without evidence, because notice is not required only when the conduct genuinely meets that standard.
When to get help with written warnings
- Call the Fair Work Ombudsman on 13 13 94 if you are unsure whether an award or agreement sets steps for warnings.
- Contact the Fair Work Commission if you are dismissed and think it was unfair, and remember the 21-day limit.
- Ask the ATO if a termination payment raises tax or super questions, since super is 12% of ordinary time earnings for 2026-27.
- Contact SafeWork NSW if a complaint involves bullying or a safety breach that needs a formal investigation.
- Speak to an employment lawyer or your labour hire provider before a final warning or dismissal in a complex case.
Written warnings FAQ
How long does a first and final warning last in Australia?
No law sets a fixed period. Your policy, contract or award usually says how long it stays active, and the letter should state it. It remains on the file afterwards, and a later similar incident within the period can support dismissal after a fair process.
How many written warnings before dismissal?
There is no fixed number. The employer needs a valid reason, a fair process and a chance for the employee to respond. Serious misconduct can justify dismissal without prior warnings, while performance concerns usually need at least one clear warning first.
How long does a written warning last in Australia?
It depends on the policy or agreement. Many workplaces treat a warning as active for a set period and then review it, but there is no national rule. Ask for the policy in writing and check whether the letter states a review date.
How many warnings before termination?
The law does not count warnings, so there is no required number. A dismissal is judged on whether there was a valid reason and a fair process. Check your contract and award, and get advice early if you are unsure what applies.
Next step for written warnings
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. If you are a host employer who wants screened, inducted staff and a clear conduct process, visit our host employer labour hire page to talk to us.