Preview · page 1Employers and managers dealing with misconduct or poor attendance
Written Warning (Employee)
A fair written or final warning that follows the LRA Code of Good Practice on dismissal.
Quick answer
A written warning (employee) is a written agreement used by employers and managers dealing with misconduct or poor attendance in South Africa. This template covers incident and rule broken, employee's chance to respond, expected improvement, validity period and more, drafted with POPIA, the CPA and the ECT Act in mind.
R199
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What's inside
- 01Incident and rule broken
- 02Employee's chance to respond
- 03Expected improvement
- 04Validity period
- 05Consequence of further misconduct
- 06Right to a representative and to appeal
- 07Acknowledgement of receipt
Good to know
How long is a written warning valid?+
The LRA doesn't set a period. Six months for a written warning and 12 months for a final warning is common practice and is usually seen as fair.
What if the employee refuses to sign?+
Signing only confirms receipt. Note the refusal on the warning, ideally with a witness, and give them a copy.
How long is a written warning valid in South Africa?+
Usually six months for a written warning and up to 12 months for a final written warning, in line with the LRA Code of Good Practice and most disciplinary codes.
Does an employee have to sign a written warning?+
No. If they refuse, have a witness sign that it was handed over. Refusing to sign doesn't make the warning invalid.
Can I dismiss after a final written warning?+
Repeated misconduct after a final written warning can justify dismissal, but you must still hold a fair hearing.
Is this legal advice?+
No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.
