Page 76 - Q&A 2019/2020

When can I give a final written warning?

April 2019
“I have an employee who posted very derogatory comments on Facebook
about his manager, calling him lazy and stupid. I immediately arranged for
a final written warning to be issued to the employee. However, the employee
refuses to sign the warning and claims that he has been treated unfairly as he
should have received a first warning before being given a final warning. Have
we made a mistake in giving him a final warning?”

Firstly, it is of importance to understand that a disciplinary warning is not a
punishment. According to Schedule 8 of the Labour Relations Act, disciplinary
warnings are to be used as a corrective measure to grant employees an
opportunity to correct and improve their conduct and so make employees
aware of the standards of conduct and work performance expected of them.
Disciplinary warnings may range from a verbal warning or informal warning,
to a written warning, to a final written warning, to dismissal. It is not required by
our law that these warnings are always required to follow consecutively, unless
the employer’s disciplinary code unequivocally requires such order. In general,
therefore, depending on the severity of the offense, a final written warning can
be issued for a first offense if such issue is reasonable.

Final written warnings should be issued for serious offences such as theft,
dishonesty, absenteeism, bringing the organisation into disrepute etc. As the
name implies, a final warning to an employee implies that the employee can
expect to be dismissed for a repetition of the type of misconduct for which the
final warning was issued for. This does imply that an employee may be issued Labour
with more than one final written warning should the nature of the misconduct be
different, but the circumstances of each case will give guidance as to whether
such are separate areas of misconduct or related.
An employee’s signature on a final written warning is not a prerequisite for
the validity of a final written warning. By signing a final written warning, an
employee does not acknowledge guilt, but merely acknowledges receipt of
the document, for procedural purposes. Written warnings are more formal than
verbal warnings, therefore, it serves as proof that the warning was given, but if
an employee refuses to sign the warning, it does not invalidate the warning and
the employer can provide proof that the warning was issued to the employee
who refused to sign.
In your situation it does appear that there are grounds for the issuing of a final
written warning to your employee. The refusal of the employee to sign does not
invalidate your warning. However, if you are still unsure of how to deal with this
employee, consider consulting a labour specialist to help you ensure that your
disciplinary procedures are correctly applied.

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