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  1. #1
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    Default HR people? Unsubstantiated written warning?

    I wasn't sure where to put this as I am currently a SAHM, but am asking for someone close to me.

    What (if any) steps can be taken for an unsubstantiated written warning in the workplace? One of the points raised was a complete fabrication and another was based on workplace gossip, but was in fact untrue. There was no prior verbal warning. This is a small company with no HR dept.

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    I would appeal it to the most senior person at the place, in writing.

    Other than that, not much you can do.

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    It sounds as if they are setting grounds for termination.

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    Barnaby  (06-11-2014)

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    Quote Originally Posted by Nomia View Post
    It sounds as if they are setting grounds for termination.
    That's what I thought too.

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    I would consult a lawyer. If they had any intelligence they wouldn't base a warning letter on heresay (aka gossip). Who knows what they would do next. Generally warning letters are given as a basis for building a case for later termination.

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  10. #6
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    First consult the workplace policies and processes on performance management. Have they followed their own processes? Were you made aware of the policies and processes during the course of your employment? If not, the warning may not be deemed reasonable.

    Then go to the Fairwork website. There is quite a bit of info on the website on performance management or performance improvement best practice.

    Have you been made aware of an issue, had the opportunity to discuss? Was there a meeting? Were you given the opportunity to have a support person present ? Given a timeframe to improve? If not, sounds like poor form to issue a warning.

    Are you a member of a union? They may be able to help.

    I would speak to Fairwork and lodge a complaint. It does sound like they may be heading towards dismissal or trying to.

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    Not much your friend can do unless they get terminated, then they can claim for unfair dismissal due to a lack of procedural fairness (no investigation).

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  14. #8
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    Speak to Fairwork.

    Without knowing the full situation it's hard to comment but in the meeting when they issued the warning they should have given you a right of reply and should have given you the option to bring a support person if you so wished.

    I would suggest you start documenting all incidents that has occurred at work including this meeting and speak to fair work for further advice.

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    If you want further info please feel free to PM me with specifics and I'll see if I can help.

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