Follow these four rules when you issue a final written warning

Simangele Mzizi, Fsp Business, 01 Sep. 2014

Tags: discipline, final written warning, fww, misconduct, issuing a final written warning

When an employee commits misconduct, you have to discipline him so he can change his ways. One of the disciplinary sanctions you can impose is issuing a final written warning (FWW).

This is the last written warning you’ll give your employee. It’s meant to correct persistent or more serious misconduct before you dismiss him.

In terms of labour law, you mustn’t issue FWWs lightly or prematurely. If you fail to adhere to this, your employee can challenge the warning as an unfair labour practice.

To make sure this doesn’t happen, make sure you follow these four rules when you issue a final written warning.

********* Best seller **********
There are only three reasons you can fire an employee that the CCMA will consider 'fair' but there are hundreds of reasons you can fire an employee that’s automatically ‘unfair’!

Click here and I’ll show you how you can dismiss fairly and legally!


Four rules to follow when you need to issue a final written warning

Rule #1: Don’t issue a FWW before you hold a proper enquiry.

Rule #2: Only give FWWs for specific offences and not general ones.

The Labour Law for Managers Loose Leaf Service explains that some employers give a FWW that warns an employee that if he’s guilty of any other (unrelated) misconduct, he potentially faces dismissal.

The Loose Leaf Service says these FWWs may not stand up to scrutiny at the CCMA or council, so don’t use them.

That’s not all. There are two more rules you need to follow.

*********** Product endorsement ************
Don’t let the CCMA rule a disciplinary hearing “unfair” under your watch

When it comes to chairing disciplinary hearings, you can’t afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today


Two more rules you must follow when you issue a final written warning

Rule #3: Make sure the final written warning has a specific period of validity. In other words, it’ll remain in force for a specific period – this is usually six to 12 months.

Please note that you can’t dismiss your employee for committing the same offence if the FWW expires. But, you must keep the FWW on record after its expiry to show if there’s a pattern of behaviour.

Rule #4: Don’t just dismiss your employee if he’s on a current FWW and commits the same offence again. You must have a proper enquiry. This’ll define your employee’s guilt and the appropriateness of dismissal as a sanction.

There you have it. Following these four rules will help ensure you don’t issue FWWs lightly or prematurely when your employee commits misconduct.

Related articles:




RSS Facebook Share the experience
Labour and HR Club
  • CCMA
  • Discipline
  • Dismissals
  • Employment Equity
  • Employment terms and conditions
  • Foreigners
  • Laws / Acts / DoL
  • Leave
  • Performance management
  • Policies and procedures
  • Recruitment
  • Trade unions
A staff member asked to take leave for three weeks in 6 months time to visit his elderly mother in Australia. This was...[read more]
Published at 26 Jan. 2018 1 answer
Published at 11 Jan. 2018 1 answer
Hi, I work 5 hours a day (8am to 1pm). Am I entitled to any sort of break?[read more]
Published at 16 Jan. 2018 1 answer
Good morning, Kindly confirm if the below constitute for family responsibility leave please. I fell ill two days...[read more]
Published at 08 Jan. 2018 1 answer
My domestic worker told me she is pregnant, she will be working for me for about 2 years now and we have not registered...[read more]
Published at 06 Feb. 2018 1 answer
Video Archive Video club
Your library of Free eReports
View full library